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
