2308.03(c) No Second Interference [R-08.2017]

No second interference should occur between the same parties on patentably indistinct subject matter. If the Board held that there is no interference-in-fact between the parties for the subject matter of the count, that holding may not be reopened in further examination. If a party that lost the earlier interference is again claiming the same invention as the count, the interfering claims should be rejected as estopped.