| Patents > § 1.606 Interference between an application and a patent; subject matter of the interference. - PATENT RULES |
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§ 1.606 Interference between an application and a patent; subject matter of the interference. - PATENT RULES
§ 1.606 Interference between an application and a patent; subject matter of the interference.
Before an interference is declared between an application and an unexpired patent, an examiner must determine that there is interfering subject matter claimed in the application and the patent which is patentable to the applicant subject to a judgment in the interference. The interfering subject matter will be defined by one or more counts. The application must contain, or be amended to contain, at least one claim that is patentable over the prior art and corresponds to each count. The claim in the application need not be, and most often will not be, identical to a claim in the patent. All claims in the application and patent which define the same patentable invention as a count shall be designated to correspond to the count.
[49 FR 48416, Dec. 12, 1984, added effective Feb. 11, 1985; revised, 60 FR 14488, Mar. 17, 1995, effective Apr. 21, 1995; revised, 65 FR 56792, Sept. 20, 2000, effective Oct. 20, 2000 (adopted as final, 65 FR 70489, Nov. 24, 2000)]
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