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2315 Suspension of - 2300 Interference Proceedings
2315 Suspension of Ex Parte Prosecution
37 CFR 1.615 Suspension of ex parte prosecution.
(a) When an interference is declared, ex parte prosecution of an application involved in the interference is suspended. Amendments and other papers related to the application received during pendency of the interference will not be entered or considered in the interference without the consent of an administrative patent judge.
(b) Ex parte prosecution as to specified matters may be continued concurrently with the interference with the consent of the administrative patent judge.
Under 37 CFR 1.615, upon declaration of an interference, ex parte prosecution of an application involved in the interference is suspended and any outstanding Office actions are considered as withdrawn by operation of the rule. Ex parte Peterson, 49 USPQ 119, 1941 C.D. 8 (Comm'r Pat. 1941). Upon termination of the interference, the examiner will reinstate the action treated as withdrawn by operation of 37 CFR 1.615 and set a shortened statutory period for reply.
The treatment of amendments filed during an interference is considered in detail in MPEP § 2364 - § 2364.01.
The approval of the administrative patent judge in charge of the interference must be obtained before undertaking any concurrent prosecution of the application.
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