41.203    Declaration.

    • (a) Interfering subject matter. An interference exists if the subject matter of a claim of one party would, if prior art, have anticipated or rendered obvious the subject matter of a claim of the opposing party and vice versa.
    • (b) Notice of declaration. An administrative patent judge declares the patent interference on behalf of the Director. A notice declaring an interference identifies:
      • (1) The interfering subject matter;
      • (2) The involved applications, patents, and claims;
      • (3) The accorded benefit for each count; and
      • (4) The claims corresponding to each count.
    • (c) Redeclaration. An administrative patent judge may redeclare a patent interference on behalf of the Director to change the declaration made under paragraph (b) of this section.
    • (d) A party may suggest the addition of a patent or application to the interference or the declaration of an additional interference. The suggestion should make the showings required under § 41.202 (a) of this part.

[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]