Noelle v. Lederman
In evaluating claims to determine whether an interference-in-fact exists, only the subject matter of the claims is to be evaluated, not otherwise disclosed but unclaimed subject matter.
In evaluating claims to determine whether an interference-in-fact exists, only the subject matter of the claims is to be evaluated, not otherwise disclosed but unclaimed subject matter.
In determining whether two claims claim the same patentable invention for purposes of an interference, the Director may employ a two-way test.