Can an examiner withdraw the election of species requirement in a Markush claim?
Can an examiner withdraw the election of species requirement in a Markush claim?
Yes, an examiner can withdraw the election of species requirement in a Markush claim under certain circumstances. According to MPEP 803.02:
“If on examination the examiner finds that the elected species is allowable and determines that all claims to species are allowable, the restriction requirement between the elected species and the non-elected species should be withdrawn.”
This means that if the examiner determines that:
- The elected species is allowable
- All claims to species are allowable
- The search and examination can be made without serious burden
Then the examiner should withdraw the election of species requirement and examine all species.
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