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2359 Board Recommendation - 2300 Interference Proceedings
2359 Board Recommendation
37 CFR 1.659 Recommendation.
(a) Should the Board have knowledge of any ground for rejecting any application claim not involved in the judgment of the interference, it may include in its decision a recommended rejection of the claim. Upon resumption of ex parte prosecution of the application, the examiner shall be bound by the recommendation and shall enter and maintain the recommended rejection unless an amendment or showing of facts not previously of record is filed which, in the opinion of the examiner, overcomes the recommended rejection.
(b) Should the Board have knowledge of any ground for reexamination of a patent involved in the interference as to a patent claim not involved in the judgment of the interference, it may include in its decision a recommendation to the Commissioner that the patent be reexamined. The Commissioner will determine whether reexamination will be ordered.
(c) The Board may make any other recommendation to the examiner or the Commissioner as may be appropriate.
Under 37 CFR 1.659, the Board can make recommendations to examiners and the Commissioner, including recommendations that application claims not involved in the interference be rejected and that a patent be reexamined as to patent claims not involved in the interference.
When a patent is involved in an interference each claim of the patent will be designated to (A) correspond to a count or (B) not correspond to a count. All claims which are ultimately determined to correspond to a count will be involved in the judgment of the interference. Inasmuch as they are involved in the judgment of the interference, there is no need to recommend reexamination of those claims. The claims involved in the interference are either patentable or unpatentable based on the final decision of the Board.
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