- Accord benefit means Board recognition that a patent application provides a proper constructive reduction to practice under 35 U.S.C. 102(g)(1).
- Constructive reduction to practice means a described and enabled anticipation under 35 U.S.C. 102(g)(1), in a patent application of the subject matter of a count. Earliest constructive reduction to practice means the first constructive reduction to practice that has been continuously disclosed through a chain of patent applications including in the involved application or patent. For the chain to be continuous, each subsequent application must comply with the requirements of 35 U.S.C. 119–121, 365, or 386.
- Count means the Board’s description of the interfering subject matter that sets the scope of admissible proofs on priority. Where there is more than one count, each count must describe a patentably distinct invention.
- Involved claim means, for the purposes of 35 U.S.C. 135(a), a claim that has been designated as corresponding to the count.
- Senior party means the party entitled to the presumption under § 41.207(a)(1) that it is the prior inventor. Any other party is a junior party.
Threshold issue means an issue that, if resolved in
favor of the movant, would deprive the opponent of standing in the
interference. Threshold issues may include:
- (1) No interference-in-fact, and
- (2) In the case of an involved application claim first made after the publication of the movant’s application or issuance of the movant’s patent:
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (2)(ii) of the definition of “Threshold issue” revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012; definition of "Constructive reduction to practice" and para. (2)(ii) of the definition of "Threshold issue" revised, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015]