MPEP 709.01
Overlapping Applications by Same Applicant or Owned by Same Assignee

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

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709.01    Overlapping Applications by Same Applicant or Owned by Same Assignee [R-11.2013]

In general, examiners should not consider ex parte questions which are pending before the Office in inter partes proceedings involving the same applicant. This situation may arise when at least one application or patent of the same applicant that is involved in an interference, derivation proceeding, inter partes reexamination or inter partes review contains claims which overlap with claims of an application (original or reissue) under examination or with claims involved in an ex parte reexamination proceeding. An examiner should consult with the TC Quality Assurance Specialist to determine the appropriate course of action.