How are non-interfering claims handled in applications going into interference?
MPEP 2303 addresses the handling of non-interfering claims in applications going into interference:
“Leaving a non-interfering claim in an application going into an interference creates an unwarranted delay in the issuance of claims to the non-interfering subject matter. As far as the public and the Office are concerned, there is no justification for not issuing the non-interfering claims promptly.“
To address this, the MPEP suggests that if an application contains both interfering and non-interfering claims, a restriction requirement should be made between the two. This allows for the prompt issuance of non-interfering claims while the interfering claims proceed through the interference process.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2303 - Completion Of Examination,
Patent Law,
Patent Procedure