What is the difference between an election with traverse and without traverse?

The key differences between an election with traverse and without traverse are:

MPEP 818.01(a) states:

“If applicant does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse.”

This means that a clear and specific traversal is necessary to maintain the right to petition and to require the examiner to reconsider the restriction requirement. An election without traverse, on the other hand, simplifies the process but limits the applicant’s options for challenging the restriction later in the examination.

To learn more:

• restriction requirement
• election with traverse
• election without traverse
• patent examination
• USPTO