What are Form Paragraphs 7.48.aia and 7.48.fti in patent rejections?

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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. Form Paragraphs 7.48.aia and 7.48.fti are standardized text used by patent examiners to reject claims based on an applicant’s failure to present claims for interference. These paragraphs are described in MPEP 2304.04(c) . The main difference between the two is: 7.48.aia is used for applications filed on or after March 16, 2013, under the America Invents Act (AIA). 7.48.fti is used for applications filed before March 16, 2013, under the first-to-invent system. Both paragraphs state: “Failure to present claims and/or take necessary steps for interference purposes after notification that interfering subject matter is claimed constitutes a disclaimer of the subject matter.” These form paragraphs provide a standardized way for examiners to communicate rejections based on disclaimer due to failure to engage in interference proceedings. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Rejections Based on Disclaimer Must Use Specific Paragraphs MPEP 2304.04(c) Recommended Requirement for Interference After Notification MPEP 2304.04(c) Required Requirement for Interference Notification After Refusal to Copy Claims MPEP 2304.04(c) Required Form Paragraph Must Follow Specific Paragraphs MPEP 2304.04(c) Required PTAB Members Designated for Interference Proceedings Determining Priority and Patentability MPEP 1002.02(f) PTAB Handles Requests for Interference and Derivation Records MPEP 103 Claims with Pre-AIA Filing Dates Require Special Examination MPEP 2304.04(c) Recommended Insert Patent Number and Explain Obviousness Basis MPEP 2304.04(c) Basis for Finding of Obviousness Must Be Included MPEP 2304.04(c) Recommended Requirement for Including Obvious Variants MPEP 2304.04(c)...