What is the Board policy on two-way unpatentability for declaration of interferences?
2 says the standard is that Winter v. Fujita, 53 USPQ2d 1234 (Bd. Pat. App. & Int. 1999), reconsideration denied, 53 USPQ2d 1478 (Bd. Pat. App. & Int. 2000), but Winter says that patentability or unpatentability in both directions must be “considered,” not that there must be two-way unpatentability in all cases.
