Is restriction permitted in reexamination proceedings?
No, restriction is not permitted in reexamination proceedings. The MPEP clearly states:
“With regard to reexamination proceedings, restriction is not permitted.”
This means that during a reexamination of a patent, the examiner cannot require the patent owner to divide the claims into separate applications or to elect a specific group of claims for examination. All claims must be examined together in a reexamination proceeding.
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