How are claims sorted in an interference proceeding?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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 interference.

The administrative patent judge (APJ) will determine which claims correspond to the count and which are designated as stand-by claims. This sorting process helps organize the claims for efficient examination during the interference proceeding.