37 C.F.R. 1.609, Preparation of interference papers by examiner.

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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1.609 Preparation of interference papers by examiner.

When the examiner determines that an interference should be declared, the examiner shall forward to the Board:

(a)

All relevant application and patent files and

(b)

A statement identifying:

(1)

The proposed count or counts and, if there is more than one count proposed, explaining why the counts define different patentable inventions;

(2)

The claims of any application or patent which correspond to each count, explaining why each claim designated as corresponding to a count is directed to the same patentable invention as the count;

(3)

The claims in any application or patent which do not correspond to each count and explaining why each claim designated as not corresponding to any count is not directed to the same patentable invention as any count; and

(4)

Whether an applicant or patentee is entitled to the benefit of the filing date of an earlier application and, if so, sufficient information to identify the earlier application.

[49 FR 48416, Dec. 12, 1984, added effective Feb. 11, 1985; paras. (b)(1)-(b)(3) revised, 60 FR 14488, Mar. 17, 1995, effective Apr. 21, 1995]

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