How are corresponding claims identified 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, corresponding claims are identified based on their relationship to the count. The MPEP 2304.02(b) states:

“Claims corresponding to a count are those claims which define the same patentable invention as the count.”

To determine if a claim corresponds to a count, examiners typically consider whether:

• The claim could have been anticipated by or rendered obvious in view of the subject matter of the count.
• The count could have been anticipated by or rendered obvious in view of the subject matter of the claim.

This process helps identify which claims are involved in the interference and subject to the priority determination.