What can an applicant do if they only have indirect evidence of an interfering application?
If an applicant only has indirect evidence of an interfering application, they can still attempt to identify it for interference purposes. The MPEP 2304.02(a) provides guidance on this situation: “Occasionally, an applicant will believe another interfering application exists based only on indirect evidence, for instance through a journal article, a ‘patent pending’ notice, or a…
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