How does an examiner suggest an interference when an interfering claim already exists in an application?
When an interfering claim already exists in an application, the process for suggesting an interference is different. According to MPEP 2304.04(a): “If the applicant already has a claim to the same subject matter as a claim in the application or patent of another inventor, then there is no need to require the applicant to add…
Read MoreWhat is an examiner suggestion in patent interference proceedings?
An examiner suggestion in patent interference proceedings refers to the examiner’s ability to require an applicant to add a claim to provoke an interference. This is outlined in 37 CFR 41.202(c), which states: “An examiner may require an applicant to add a claim to provoke an interference. Failure to satisfy the requirement within a period…
Read MoreWhat criteria should guide an examiner in requiring a claim for interference?
When considering whether to require an applicant to add a claim for interference under 37 CFR 41.202(c), examiners should follow these principles: Examination of the application should be otherwise completed The required claim must not encompass prior art or be barred The application must provide adequate support under 35 U.S.C. 112(a) for the subject matter…
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