What constitutes “originally presented claims” for restriction purposes?
According to MPEP 818.02(a), “originally presented claims” for restriction purposes include:
- Claims presented upon filing the application
- Claims properly added and entered before the earlier of:
- The mailing of a first restriction requirement
- The mailing of a first Office action on the merits
The MPEP states: “Where claims to another invention are properly added and entered in the application before the earlier of the mailing of a first restriction requirement or the mailing of a first Office action on the merits, those claims, along with the ones presented upon filing the application, will be considered originally presented claims for purposes of restriction only.”
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