How should an applicant respond to a restriction requirement?
When responding to a restriction requirement, an applicant must elect one invention for examination. If the applicant wishes to challenge the restriction requirement, they must also provide specific reasons for their disagreement. According to MPEP § 818:
“In the reply to the restriction requirement, applicant must elect one invention for examination. If applicant wishes to traverse the restriction requirement, the reply must also include a traversal with specific reasons why applicant believes the restriction requirement is in error.”
It’s important to note that the applicant must make their own election; the examiner will not make the choice for them. The response should be in compliance with 37 CFR 1.111 and follow the guidelines in MPEP § 818.01.
To learn more: