What should an examiner do when they find allowable subject matter in a derivation proceeding?
When an examiner finds allowable subject matter in an application involved in a derivation proceeding, they should follow specific guidelines as outlined in MPEP 2311: “When the examiner has determined that either the petitioner’s or the respondent’s application (where applicable) has allowable subject matter with respect to any claim, the examiner should refrain from taking…
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