37 C.F.R. 1.604, Request for interference between applications by an applicant.

This document contains one section of Chapter 37 of the Code of Federal Regulations. This page was last updated in May, 1998. You may return to the main 37 CFR Index, or to the index for one of the follow parts:

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1.604 Request for interference between applications by an applicant.

(a)

An applicant may seek to have an interference declared with an application of another by,

(1)

Suggesting a proposed count and presenting at least one claim corresponding to the proposed count or identifying at least one claim in its application that corresponds to the proposed count,

(2)

Identifying the other application and, if known, a claim in the other application which corresponds to the proposed count, and

(3)

Explaining why an interference should be declared.

(b)

When an applicant presents a claim known to the applicant to define the same patentable invention claimed in a pending application of another, the applicant shall identify that pending application, unless the claim is presented in response to a suggestion by the examiner. The examiner shall notify the Commissioner of any instance where it appears an applicant may have failed to comply with the provisions of this paragraph.

[49 FR 48416, Dec. 12, 1984, added effective Feb. 11, 1985; para. (a)(1) revised, 60 FR 14488, Mar. 17, 1995, effective Apr. 21, 1995]

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