¶ 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 (2) 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) but in no case can any extension carry the date for reply to this letter beyond the maximum period of SIX MONTHS set by statute (35 U.S.C. 133 ). 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.