What is the role of the examiner in reviewing an interference suggestion?

The examiner’s role in reviewing an interference suggestion is primarily to check for formal sufficiency and to confirm the existence of patentable interfering claims. According to MPEP § 2304.02: “The examiner must review the suggestion for formal sufficiency. As explained in MPEP § 2304.02(c), the examiner is generally not responsible for determining the substantive adequacy…

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How are questions of formal sufficiency and propriety of affidavits reviewed?

Questions of formal sufficiency and propriety of affidavits or declarations are reviewed through a specific process. According to MPEP 717.01(e): Review of questions of formal sufficiency and propriety are by petition filed under 37 CFR 1.181. Such petitions are answered by the Technology Center Directors (MPEP § 1002.02(c)). This means that if there are concerns…

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