How are non-interfering claims handled in applications going into interference?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Prompt Issuance of Non-Interfering Claims Required MPEP 2303 Delay Issuance of Non-Interfering Claims During Interference MPEP 2303 Restriction Requirement for Interfering Claims MPEP 2303 Permitted Examiner Need Not Restrict Non-Interfering Claims in Reissue MPEP 2303 Requirement for Restricting Interfering Claims MPEP 2303 Recommended Restriction of Interfering Claims Is Permitted MPEP 2303 Permitted Restriction Requirement When Unpatentable Claims Delay Interference MPEP 2303 Permitted Interference Should Be Suggested Only After Exhausting Other Issues MPEP 2303 Recommended Cancellation of Claims Allowed Without Restriction Requirement MPEP 2303 Permitted Non-interfering claims must be promptly issued MPEP 2303 Other Related FAQs 5 FAQs Collapse What happens if an applicant fails to respond to a rejection in an interference? Can an examiner make a final rejection during an interference? How does an examiner handle all...