What is the purpose of requiring an applicant to add a claim under 37 CFR 41.202(c)?
The purpose of requiring an applicant to add a claim under 37 CFR 41.202(c) is to provoke an interference proceeding. According to MPEP 2304.04(b), this requirement may be made “to obtain a clearer definition of the interfering subject matter or to establish whether the applicant will pursue claims to the interfering subject matter.”
The MPEP states:
“The examiner may, pursuant to 35 U.S.C. 132(a), require an applicant to add a claim that would interfere with the claim of another application or patent.”
However, it’s important to note that this requirement should not be made lightly due to the cost and complexity of interferences. The examiner should consult with an Interference Practice Specialist (IPS) before making such a requirement.
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