MPEP 2304.04
Examiner Suggestion

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in Januay 2018

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2304.04    Examiner Suggestion [R-08.2012]

37 C.F.R. 41.202 Suggesting an interference.

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  • (c) Examiner. An examiner may require an applicant to add a claim to provoke an interference. Failure to satisfy the requirement within a period (not less than one month) the examiner sets will operate as a concession of priority for the subject matter of the claim. If the interference would be with a patent, the applicant must also comply with paragraphs (a)(2) through (a)(6) of this section. The claim the examiner proposes to have added must, apart from the question of priority under 35 U.S.C. 102(g):
    • (1) Be patentable to the applicant, and
    • (2) Be drawn to patentable subject matter claimed by another applicant or patentee.

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