2304.03   Patentee Suggestion [R-4]

37 C.F.R. 41.202   Suggesting an interference.

*****

  • (b) Patentee. A patentee cannot suggest an interference under this section but may, to the extent permitted under § 1.99  and § 1.291  of this title, alert the examiner of an application claiming interfering subject matter to the possibility of an interference.

*****

A patentee may not suggest an interference unless it becomes an applicant by filing a reissue application. A patentee may, however, to the limited extent permitted under 37 CFR 1.99  and 1.291, alert an examiner to the existence of interfering claims in an application. See MPEP § 1134 and § 1901.