MPEP 2308.03(c)
No Second Interference

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

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2308.03(c)    No Second Interference [R-08.2017]

No second interference should occur between the same parties on patentably indistinct subject matter. If the Board held that there is no interference-in-fact between the parties for the subject matter of the count, that holding may not be reopened in further examination. If a party that lost the earlier interference is again claiming the same invention as the count, the interfering claims should be rejected as estopped.