How should examiners handle claims in a petitioner’s application during a derivation proceeding?
According to MPEP 2311, examiners should handle claims in a petitioner’s application during a derivation proceeding as follows: “The claims in petitioner’s application that are patentably indistinct from respondent’s application or patent should be subject to a rejection under 35 U.S.C. 102(a)(2) which should be maintained until jurisdiction is transferred to the Board to conduct…
Read MoreWhen can multiple embodiments be included in a single design patent application?
Multiple embodiments can be included in a single design patent application only if they are patentably indistinct. The MPEP states: “More than one embodiment of a design may be protected by a single claim. However, such embodiments may be presented only if they involve a single inventive concept according to the nonstatutory double patenting practice…
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