How does an examiner handle restricted inventions in a Notice of Allowability?

How does an examiner handle restricted inventions in a Notice of Allowability?

When dealing with restricted inventions in a Notice of Allowability, the examiner follows specific procedures:

1. The examiner identifies which claims are directed to the elected invention
2. Non-elected claims that depend from or require all limitations of an allowable claim are rejoined
3. The examiner cancels any remaining non-elected claims

The MPEP 1302.03 states: “If the application contains claims directed to more than one invention… the examiner should include a statement in the Office action that identifies which claims are directed to the elected invention.” This ensures clarity regarding which claims are being allowed and which are being canceled due to restriction.

To learn more:

• Restricted Inventions
• Notice of Allowability
• Patent Examination
• Claim Rejoinder