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2308.03(c) No Second Interference [R-4] - 2300 Interference Proceedings

2308.03(c) No Second Interference [R-4]

No second interference should occur between the same parties on patentably indistinct subject matter. If the Board of Patent Appeals and Interferences 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.<

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