Question: Under what conditions will a first application usually be granted a Notice of Allowance and become a patent in spite of a second application with potentially interfering claims? Answer: A first application will usually be granted a Notice of Allowance and become a patent when all of the following conditions are met: a first application and a second application claim the same patentable invention; and a first application is in condition for allowance; and the second application is not in condition for allowance Chapter Details: The answer to this question can be found in chapter 2300 of the MPEP.…
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