How do examiners handle undue multiplicity in patent applications?

Patent examiners handle undue multiplicity in patent applications through a specific procedure outlined in MPEP 2173.05(n):

1. The examiner contacts the applicant by telephone, explaining that the claims are unduly multiplied.
2. The examiner requests that the applicant select a specified number of claims for examination.
3. If the applicant complies, the examiner makes an undue multiplicity rejection on all claims in the next Office action, along with an action on the merits for the selected claims.
4. If the applicant refuses, the examiner makes an undue multiplicity rejection on all claims in the next Office action.
5. The applicant’s reply must include a selection of claims, not exceeding the number specified by the examiner.
6. In the subsequent response, the examiner may repeat the undue multiplicity rejection and examine the selected claims on their merits.

This procedure is designed to address the issue while preserving the applicant’s right to have the rejection reviewed by the Patent Trial and Appeal Board.

To learn more:

• undue multiplicity
• patent examination
• claim selection
• Office action
• Patent Trial and Appeal Board