Can an applicant rebut a prima facie showing of serious search or examination burden?

Yes, an applicant can rebut a prima facie showing of serious search or examination burden made by the examiner. The MPEP 803 states:

“A prima facie showing of serious search and/or examination burden may be rebutted by appropriate showings or evidence by the applicant.”

This means that if an applicant believes the examiner’s justification for a restriction requirement is insufficient or incorrect, they can provide evidence or arguments to challenge the examiner’s assertion of a serious burden. For example, an applicant might demonstrate that the claimed inventions are closely related and would not require substantially different search strategies or raise distinct non-prior art issues.

To learn more:

• restriction requirement
• search burden
• examination burden
• applicant response
• patent prosecution