Can an examiner refuse to restrict claims in a patent application?
Yes, an examiner can refuse to restrict claims in a patent application if the criteria for restriction are not met. According to MPEP 803:
“If the search and examination of all the claims in an application can be made without serious burden, the examiner must examine them on the merits, even though they include claims to independent or distinct inventions.”
This means that if an examiner determines that examining all claims would not pose a serious burden, they should not impose a restriction requirement, even if the claims are directed to independent or distinct inventions.
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