¶ 23.04 Requiring Applicant to Add Claim to Provoke Interference
The following allowable claim from [1] is required to be added for the purpose of an interference:
[2]
The claim must be copied exactly.
Applicant is given TWO MONTHS from the mailing date of this communication to add the claim. Refusal to add a required claim will operate as a concession of priority for the subject matter of the required claim, but will not result in abandonment of this application. See 37 CFR 41.202(c) and MPEP § 2304.04(b). EXTENSIONS OF THIS TIME PERIOD MAY BE GRANTED UNDER 37 CFR 1.136(a). If the interference would be with a patent, applicant must also comply with 37 CFR 41.202(a)(2) to (a)(6).
Examiner Note:
1. In bracket 1, insert the published application number if the claim is an allowed claim from a U.S. application publication or the patent number if the claim is from a U.S. patent.
2. In bracket 2, insert the claim which applicant is required to add to provoke an interference.