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2314 Jurisdiction Over Interference - 2300 Interference Proceedings
2314 Jurisdiction Over Interference
37 CFR 1.614 Jurisdiction over interference.
(a) The Board acquires jurisdiction over an interference when the interference is declared under § 1.611.
(b) When the interference is declared the interference is a contested case within the meaning of 35 U.S.C. 24.
(c) The examiner shall have jurisdiction over any pending application until the interference is declared. An administrative patent judge may for a limited purpose restore jurisdiction to the examiner over any application involved in the interference.
37 CFR 1.614 specifies when the Board gains jurisdiction over an interference. The section also indicates when an interference becomes a contested case within the meaning of 35 U.S.C. 24. A remand to the examiner is authorized and may be useful in certain situations, such as when a party moves under 37 CFR 1.633(c) to add a proposed count which is broader than any count in an interference. Alternatively, an administrative patent judge can obtain informal opinions from examiners during the course of an interference. Nothing in the rules, however, is intended to authorize informal conferences between an administrative patent judge and an examiner with respect to the merits of an application before the Board in an ex parte appeal from an adverse decision of the examiner.
Examiners are admonished that inter partes questions should not be discussed ex parte with any of the interested parties and that they should so inform applicants or their attorneys if any attempt is made to discuss ex parte these inter parte questions.
If, independent of the interference, action as to one or more of the involved cases becomes necessary, the examiner should consult the administrative patent judge in charge of the interference.
After obtaining the administrative patent judge's consent, the examiner merely borrows the file, if needed, as where a patent is to be involved in a new interference. See MPEP § 2342 and § 2364.01.
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