How are tie situations handled when two applications with interfering claims are ready to issue?
In the rare situation where two applications with interfering claims are both ready to issue simultaneously, the USPTO follows specific guidelines as outlined in MPEP 2303.01: “Two applications, E and F, which are both subject to pre-AIA 35 U.S.C. 102(g), with interfering claims are pending. Both are ready to issue. (Such ties should be extremely…
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