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…
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