What happens if an applicant doesn’t provide reasons for traversing a restriction requirement?
If an applicant doesn’t provide reasons for traversing a restriction requirement or fails to indicate whether the requirement is being traversed, the election will be treated as an election without traverse. According to MPEP 818.01:
“The absence of any statement indicating whether the requirement to restrict is traversed or the failure to provide reasons for traverse will be treated as an election without traverse.”
In such cases, the examiner will use Form Paragraph 8.25.02 to acknowledge the election without traverse:
“Applicant’s election of [1] in the reply filed on [2] is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).”
It’s important to note that failing to provide reasons for traverse may result in the loss of the right to petition the restriction requirement later in the prosecution process.
To learn more: