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2307.04 Presentation of Claims for Interference With a Patent Involved in a Reexamination Proceeding - 2300 Interference Proceedings
2307.04 Presentation of Claims for Interference With a Patent Involved in a Reexamination Proceeding
An interference will not be proposed for a patent which is involved in a reexamination proceeding except upon specific authorization from the Office of the Deputy Commissioner for Patent Examination Policy. Claims which would interfere with the patent may be rejected on any applicable ground, including, if appropriate, the prior art cited in the reexamination proceeding. See MPEP § 2307.02. Prosecution of the application should continue as far as possible, but if the application is placed in condition for allowance and still contains claims which interfere with the patent under reexamination, further action on the application should be suspended until the reexamination proceeding is terminated. See MPEP § 2284.
Form paragraph 23.16 may be used to notify applicant that the prosecution of the application is suspended until the reexamination proceeding of the patent with the conflicting claims is terminated.
¶ 23.16 Patent Claims Undergoing Reexamination
This application contains claims which conflict with the claims of U.S. Patent No. [1], now involved in a reexamination proceeding.
Prosecution in this application is SUSPENDED until termination of the reexamination proceeding.
Applicant should inquire as to the status of this application SIX MONTHS from the date of this letter.
Examiner Note
This paragraph should only be used when the application is otherwise in condition for allowance.
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