37 C.F.R. § 41.203 Declaration.
Title 37 - Patents, Trademarks, and Copyrights
(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.
Title 37: Patents, Trademarks, and Copyrights
PART 41—PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES
Subpart E—Patent Interferences
§ 41.203 Declaration.
