How does an examiner handle allowable claims in an 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. When an examiner encounters allowable claims in an interference, they follow a specific procedure. According to MPEP 2303 : “If the claims in an application are otherwise in condition for allowance, but for the interference, the examiner should draft an Office action indicating all the reasons why the claims are allowable and stating that interference is the only remaining issue.” This means that the examiner will: Document all reasons why the claims are allowable Clearly state that the interference is the only remaining issue Not formally allow the claims until the interference is resolved This approach ensures that the applicant is aware of the status of their claims and that the interference process is completed before any final decision on allowance is made. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Need Not Restrict Non-Interfering Claims in Reissue MPEP 2303 Premature Interference Request Not Allowed Before Examination Completion MPEP 2303 Permitted Interference Should Be Suggested Only After Exhausting Other Issues MPEP 2303 Recommended Application Not Ready for Interference If Rejection Contested MPEP 2303 Broad Claims May Not Delay Interference MPEP 2303 Examiner Must Consult IPS on Interference Status for Allowable Claims MPEP 2303 Recommended Genus Claim Must Be Resolved Before Interference Declaration MPEP 2303 Interference Declaration for Genus and Species Claims MPEP 2303 Interference Not Declared Until Genus Claim Resolved MPEP 2303 Interference Not Declared If Genus Claim Allowed 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...