MPEP 2308.03(a)
Losing Party

Ninth Edition of the MPEP, Revision 10.2019, Last Revised in June 2020

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2308.03(a)    Losing Party [R-08.2012]

A party is barred (estopped) from raising an issue if the party lost on the issue during the interference. A party may lose on one issue, yet not lose on a different issue.


The applicant lost the interference on a count drawn to a compound, but the opponent lost on a count drawn to methods of using the compound. The applicant may continue to pursue claims to the method of using the compound, but not claims to the compound itself.