Can a single count in an interference involve multiple claims?
Yes, a single count in an interference can involve multiple claims. The MPEP 2304.02(b) clarifies this point:
“When a count encompasses separate patentable inventions, the examiner should suggest multiple counts.”
However, this statement implies that a single count can indeed encompass multiple claims as long as they define the same patentable invention. The examiner’s role is to ensure that each count accurately represents a distinct patentable invention, and if necessary, suggest multiple counts to properly define separate inventions.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.02(B) - Counts And Corresponding Claims,
Patent Law,
Patent Procedure