What happens to an application after termination of an interference?
After the termination of an interference, the application undergoes specific procedures. According to MPEP 2303: “When an interference is terminated, the application returns to ex parte prosecution. The application is returned to the examiner who may need to take further action in the application.” This means that: The application resumes normal ex parte prosecution The…
Read MoreHow common are best mode rejections in patent examination?
Best mode rejections are extremely rare in patent examination, particularly in ex parte prosecution. The MPEP 2165.03 explicitly states: “It is extremely rare that a best mode rejection properly would be made in ex parte prosecution. The information that is necessary to form the basis for a rejection based on the failure to set forth…
Read MoreWhat is Form Paragraph 23.02 used for in patent examination?
Form Paragraph 23.02 is used by patent examiners to formally resume ex parte prosecution after an interference proceeding has concluded. The MPEP states: Form paragraph 23.02 may be used to resume ex parte prosecution. The form paragraph typically includes: The interference number A statement that the interference has been terminated The outcome of the interference…
Read More