How does an examiner acknowledge an election without traverse?
An examiner acknowledges an election without traverse using specific form paragraphs. According to MPEP 821.02, the examiner uses:
- Form paragraph 8.25.01 for a clear election without traverse
- Form paragraph 8.25.02 for an election treated as without traverse due to an incomplete reply
For example, form paragraph 8.25.01 states:
Applicant’s election without traverse of [1] in the reply filed on [2] is acknowledged.
This acknowledgment officially records the applicant’s election and the fact that it was made without challenging the restriction requirement.
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