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2301.01(b) The Interference Search - 2300 Interference Proceedings
2301.01(b) The Interference Search
The search for interfering applications must not be limited to the class or subclass in which the application is classified, but must be extended to all classes, in and out of the TC, which it has been necessary to search in the examination of the application. See MPEP § 1302.08.
Moreover, the possibility of the existence of interfering applications should be kept in mind throughout the prosecution. Where the examiner at any time finds that two or more applications are claiming the same invention and the examiner does not deem it expedient to institute interference proceedings at that time, the examiner should make a record of the possible interference on the face of the file wrapper in the space reserved for class and subclass designations. Such notations, however, if made on the file wrapper or drawings, must not be such as to give any hint of the date or identity of a supposedly interfering application. Application numbers or filing dates of conflicting applications must never be placed upon drawings or file wrappers. A book of "Prospective Interferences" should be maintained containing complete data concerning possible interferences and the page and line of this book should be referred to on the respective file wrappers or drawings. For future reference, this book may include notes as to why prospective interferences were not declared.
In determining whether to propose an interference, the primary examiner must be of the opinion that an interference exists. The examiner should consult with an Interference Practice Specialist to confirm the existence of interfering subject matter. See MPEP § 2309.
The TC Director should be consulted if it is believed that the circumstances justify an interference between applications neither of which is ready for allowance.
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