What are stand-by claims in an interference proceeding?
Stand-by claims in an interference proceeding are claims that have been designated as not corresponding to the count. According to MPEP 2304.01(d): “Claims designated as not corresponding to the count are treated as stand-by claims.” Stand-by claims are not actively involved in the interference but are kept in reserve. They may become relevant if: The…
Read MoreHow are claims sorted in an interference proceeding?
In an interference proceeding, claims are sorted based on their designated status. The MPEP 2304.01(d) outlines the following sorting criteria: Involved claims are designated as corresponding to a count. Claims designated as not corresponding to a count are treated as stand-by claims. Claims that have been finally refused or canceled are generally excluded from the…
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