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2300.02 Provoking an Interference - 2300 Interference Proceedings


2300.02 Provoking an Interference

An interference may be provoked in several different ways, depending upon the circumstances. Each of these is covered in detail in the subsequent sections.

(A) An interference between pending applications may be requested by an applicant who has become aware of another application which may be claiming the same invention. See MPEP § 2303 and § 2304. If the applications are not claiming the same patentable invention, it may be necessary for the examiner to suggest a claim in one or more of the applications. See MPEP § 2305.

(B) An interference between a pending application and a patent is normally provoked by the applicant. See MPEP § 2306 - § 2308.

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