What is procedural estoppel in patent interference proceedings?

Procedural estoppel in patent interference proceedings prevents a losing party from seeking relief that could have been—but was not—sought during the interference. MPEP 2308.03 states: “A losing party is procedurally barred from seeking from the examiner relief that could have been–but was not–sought in the interference.” This means that if an applicant had the opportunity…

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