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1302.08 Interference Search - 1300 Allowance and Issue
1302.08 Interference Search
Assuming that the application is ready for issue, the examiner makes an interference search and notes the date and class and subclasses searched in the file wrapper. To do this, the examiner inspects all the pending prints and drawings (or all the claims if the invention is not susceptible of illustration) in the interference files of the relevant subclasses of the class in which the application is classified, and all other pertinent classes, whether in his or her Technology Center (TC) or elsewhere, in order to ascertain whether any other applicant is claiming substantially the same subject matter as is being allowed in the case in hand. When any of the drawings or claims shows such a condition to be likely, the corresponding file is reviewed.
Note also MPEP § 2301.01(b).
If the search does not disclose any interfering application, the examiner should prepare the application for issue.
An interference search may be required in TC Working Group 3640. Inspection of pertinent prints, drawings, brief cards, and applications in TC Working Group 3640 will be done on request by an examiner in TC Working Group 3640.
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