Interference No. 104,158
invention from the subject matter of the interference and
should be designated as not corresponding to the count.
Standard of Review
On March 16, 1999, the Patent and Trademark Office
issued an interim rule change of patent interference rule 37
CFR § 1.655(a). 64 Fed. Reg. 12900. The rule deals with the
application of the abuse of discretion standard by a merits
panel when considering an interlocutory order entered by a
lone APJ acting in an interlocutory capacity. The rule has
been changed to emphasize that a panel of the Board will
resolve the merits of an interference without deference to any
interlocutory order. Panels will, however, continue to apply
the abuse of discretion standard but only with respect to
procedural matters decided by the lone APJ acting in an
interlocutory capacity.
With regard to the date of effectiveness of the
amended rule, the interim rule notice states that the amended
rule is
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