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2363.02 The Winning Party - 2300 Interference Proceedings
2363.02 The Winning Party
If prosecution of the winning party's application had not been closed, the winning party generally may be allowed additional and broader claims to the common patentable subject matter. Note, however, In re Hoover Co., 134 F.2d 624, 57 USPQ 111 (CCPA 1943). The winning party of the interference is not denied anything he or she was in possession of prior to the interference, nor does he or she acquire any additional rights as a result of the interference. His or her application thus stands as it was prior to the interference. If the application was under final rejection as to some of its claims at the time the interference was formed, the institution of the interference acted to suspend, but not vacate, the final rejection. After termination of the interference, a letter is written the applicant, as in the case of any other action unanswered at the time the interference was instituted, setting a shortened period of 2 months within which to file an appeal or cancel the finally rejected claims.
¶ 23.03 Office Action Unanswered
This application contains an unanswered Office action mailed on [1]. A shortened statutory period for reply to such action is set to expire TWO MONTHS from the mailing date of this letter.
Examiner Note
This paragraph must be preceded by paragraph 23.02.
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