Is an election combined with an argument that the linking claim is allowable considered a traversal?

No, an election combined with an argument that the linking claim is allowable is not considered a traversal of the restriction requirement. The MPEP Section 818.01(d) explicitly states:

“An election combined with an argument that the linking claim is allowable is not a traversal of the restriction requirement. The Office considers such a response to be a concession that restriction is proper if the linking claim is not allowable.”

This means that if an applicant simply elects a group of claims and argues that the linking claim should be allowed, without providing specific reasons why the restriction requirement is improper, the Office will not treat this as a proper traverse. Instead, it will be seen as an acceptance of the restriction if the linking claim is determined to be not allowable.

To learn more:

• restriction requirement
• traverse
• linking claims
• election
• patent application