How does restriction practice apply to potential interferences?
Restriction practice in the context of potential interferences is addressed in MPEP 2303. The section states:
“Potential interferences present an additional situation in which a restriction requirement may be appropriate. Specifically, restriction of interfering claims from non-interfering claims, or from unpatentable claims whose further prosecution would unduly delay initiation of an interference, can be an appropriate use of restrictions under 35 U.S.C. 121.“
This means that examiners may use restriction requirements to separate interfering claims from non-interfering claims or unpatentable claims that could delay the interference process. It’s recommended to consult an Interference Practice Specialist (IPS) when making such restrictions.
To learn more: