41.201 Definitions.
In addition to the definitions in §§ 41.2 and 41.100, the following definitions apply to proceedings under this subpart:
- Accord benefit means Board recognition that a patent application provides a proper constructive reduction to practice under 35 U.S.C. 102 (g)(1).
- Constructive reduction to practice means a described and enabled anticipation under 35 U.S.C. 102 (g)(1) in a patent application of the subject matter of a count. Earliest constructive reduction to practice means the first constructive reduction to practice that has been continuously disclosed through a chain of patent applications including in the involved application or patent. For the chain to be continuous, each subsequent application must have been co-pending under 35 U.S.C. 120 or 121 or timely filed under 35 U.S.C. 119 or 365 (a).
- Count means the Board’s description of the interfering subject matter that sets the scope of admissible proofs on priority. Where there is more than one count, each count must describe a patentably distinct invention.
- Involved claim means, for the purposes of 35 U.S.C.135 (a), a claim that has been designated as corresponding to the count.
- Senior party means the party entitled to the presumption under § 41.207 (a)(1) that it is the prior inventor. Any other party is a junior party.
- Threshold issue means an issue that, if resolved in favor of the movant, would deprive the opponent of standing in the interference. Threshold issues may include:
- (1) No interference-in-fact, and
- (2) In the case of an involved application claim first made after the publication of the movant’s application or issuance of the movant’s patent:
- (i) Repose under 35 U.S.C. 135 (b) in view of the movant’s patent or published application, or
- (ii) Unpatentability for lack of written description under 35 U. S.C. 112 (1) of an involved application claim where the applicant suggested, or could have suggested, an interference under § 41.202 (a).
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]