2307 Action During an Interference
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Section Frequency Chart
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| 2307 |
The Board acquires jurisdiction over any involved file when the Board initiates a contested case. Other proceedings for the involved file within the Office are suspended except as the Board may order.
An interference is considered terminated when the Board has determined a final judgment and the period for judicial review has expired.
An ex parte communication about an inter partes reexamination (subpart C of this part) or about a contested case (subparts D and E of this part) with a Board member, or with a Board employee assigned to the proceeding, is not permitted.
(a) Request for access or copies. Any request from a party for access to or copies of Office records directly related to a contested case must be filed with the Board. The request must precisely identify the records and in the case of copies include the appropriate fee set under § 1.19(b) of this title.
(b) Authorization of access and copies. Access and copies will ordinarily only be authorized for the following records:
(1) The application file for an involved patent;
(2) An involved application; and (3) An application for which a party has been accorded benefit under subpart E of this part. (c) Missing or incomplete copies. If a party does not receive a complete copy of a record within 21 days of the authorization, the party must promptly notify the Board.
An opposing party may have access to the record for an involved patent or application and for any application for which benefit has been accorded.
The examiner may not act in a patent or an application directly involved in an interference.
- However, examination may continue in related cases, including benefit files.
The related applications may need to be suspended if the claims would be barred by a loss in the interference.
