When can an applicant request a refund for additional species claims in a transitional application?
According to MPEP 803.03(b), an applicant can request a refund for additional species claims in a transitional application when these claims are no longer withdrawn from consideration due to being fully embraced by an allowable generic claim. The MPEP states:
Whenever claims drawn to an additional species in a transitional application for which applicant paid the fee set forth in 37 CFR 1.17(s) are no longer withdrawn from consideration because they are fully embraced by an allowable generic claim, applicant should be notified that he or she may request a refund of the fee paid for that additional species.
This means that if a generic claim is found allowable and it fully covers the additional species claims, the applicant may be eligible for a refund of the fees paid for those additional species claims.
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