How does traversing a restriction requirement affect the examination process?
Traversing a restriction requirement can have several effects on the examination process:
- It preserves the applicant’s right to petition the restriction requirement.
- It requires the examiner to reconsider and respond to the traversal arguments.
- It may result in the withdrawal of the restriction requirement if the examiner finds the arguments persuasive.
- It can potentially lead to the examination of additional claims or inventions.
MPEP 818.01(a) states:
“A mere broad allegation that the requirement is in error does not comply with the requirement of 37 CFR 1.111. Thus the required provisional election (see MPEP § 818.01(b)) becomes an election without traverse if accompanied by an incomplete traversal of the requirement for restriction.”
This means that a traversal must be specific and well-reasoned to be considered complete. If the traversal is incomplete or not persuasive, the examiner will maintain the restriction requirement and proceed with examination of the elected invention or species only.
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