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2342 Addition to Interference - 2300 Interference Proceedings
2342 Addition to Interference
37 CFR 1.642 Addition of application or patent to interference.
During the pendency of an interference, if the administrative patent judge becomes aware of an application or a patent not involved in the interference which claims the same patentable invention as a count in the interference, the administrative patent judge may add the application or patent to the interference on such terms as may be fair to all parties.
37 CFR 1.642 permits an administrative patent judge to add a newly discovered patent, as well as newly discovered applications, to an interference.
EXAMINER DISCOVERS ANOTHER APPLICATION OR PATENT DURING INTERFERENCE
If, during the pendency of an interference, the examiner discovers another application or patent claiming subject matter which is the same as, or not patentably distinct from, the invention defined in a count of the interference, the examiner should bring the application or patent to the attention of the administrative patent judge in charge of the interference. The administrative patent judge will determine what action, if any, should be taken in the interference.
If the application in question is for reissue of a patent involved in the interference, see MPEP § 2360.
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