Throughout the legislative history, the Committee on the Judiciary expressed its intention that the new law compensate diligent applicants who experience delays beyond their control during prosecution of their patent application. It appears that the proposed rules at least in some instances fall short of carrying out the Congress' intent.
Time spent in suspension for a potential interference is completely under PTO control.
Cases are often suspended for years before an interference is declared. However, as written, the rules unfairly compromise applicants who have filed a RCE and then later receive a notice of allowability with a suspension for a potential interference as an applicant who had filed a RCE could not recover time spent suspended for a potential interference. Once the notice of suspension for a potential interference is mailed, it does not matter whether or not a RCE had been filed in the case. The statute is directed to time spent in continued examination. However, once examination is closed, a RCE application is like any other application.