How does an examiner make a restriction requirement final?

To make a restriction requirement final, an examiner should:

  1. Maintain the restriction requirement in the next Office action
  2. Reply to the applicant’s arguments from the traverse
  3. Use Form Paragraph 8.25 to formally make the restriction final

The MPEP provides specific guidance: “Form paragraph 8.25 should be used to make a restriction requirement final.” (MPEP 821.01) This form paragraph acknowledges the applicant’s election with traverse and provides a structure for the examiner to respond to the applicant’s arguments.

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Tags: Final Office Action, MPEP, patent examination, Restriction Requirement