Can a restriction requirement be made after an action on the merits?
Yes, a restriction requirement can be made after an action on the merits, but certain conditions apply. According to MPEP 811:
“Before requiring restriction of claims previously examined on the merits, the examiner must consider whether there will be a serious search and/or examination burden if restriction is not required.”
This means that while it’s possible to make a restriction requirement after examining claims on their merits, the examiner must justify this decision by demonstrating a serious search or examination burden.
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