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§ 1.612 Access to applications. - PATENT RULES
§ 1.612 Access to applications.
(a) After an interference is declared, each party shall have access to and may obtain copies of the files of any application set out in the notice declaring the interference, except for affidavits filed under § 1.131 and any evidence and explanation under § 1.608 filed separate from an amendment. A party seeking access to any abandoned or pending application referred to in the opponent's involved application or access to any pending application referred to in the opponent's patent must file a motion under § 1.635. See § 1.11(e) concerning public access to interference files.
(b) After preliminary motions under § 1.633 are decided (§ 1.640(b)), each party shall have access to and may obtain copies of any affidavit filed under § 1.131 and any evidence and explanation filed under § 1.608 in any application set out in the notice declaring the interference.
(c) Any evidence and explanation filed under § 1.608 in the file of any application identified in the notice declaring the interference shall be served when required by § 1.617(b).
(d) The parties at any time may agree to exchange copies of papers in the files of any application identified in the notice declaring the interference.
[49 FR 48416, Dec. 12, 1984, effective Feb. 11, 1985; 50 FR 23124, May 31, 1985; para. (a) amended, 53 FR 23735, June 23, 1988, effective Sept. 12, 1988; para. (a) revised, 60 FR 14488, Mar. 17, 1995, effective Apr. 21, 1995]
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