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2333 Preliminary Motions - Related to Application Not Involved in Interference - 2300 Interference Proceedings

2333 Preliminary Motions - Related to Application Not Involved in Interference
Whenever a party in interference brings a motion under 37 CFR 1.633(d) or (e) concerning an application not already included in the interference, the administrative patent judge will normally send the primary examiner a written notice of such motion and the primary examiner should place this notice in said application file.
The notice is customarily sent to the Technology Center (TC) which declared the interference, since the application referred to in the motion is generally examined in the same TC. However, if the application is not being examined in the same TC, then the correct TC should be ascertained and the notice forwarded to that TC.
This notice serves useful and essential purposes, and due attention must be given to it by the examiner when it is received. First, the examiner is cautioned by this notice not to consider ex parte, questions which are pending before the Office in inter partes proceedings involving the same applicant or party in interest. Second, if the application which is the subject of the motion is in issue and the last date for paying the issue fee will not permit determination of the motion, it will be necessary to withdraw the application from issue. Third, if the application contains an affidavit or declaration under 37 CFR 1.131 or 1.608, this must be sealed because the opposing parties have access to the application.

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