What happens if the linking claim is found allowable in a restriction requirement?
If the linking claim is found allowable, the restriction requirement must be withdrawn. The MPEP Section 818.01(d) clearly states:
“If the Office allows the linking claim, the restriction requirement must be withdrawn and claims to all linked inventions that depend from or otherwise include all the limitations of the allowable linking claim must be acted upon.”
This means that if the examiner determines that the linking claim is allowable, they must withdraw the restriction requirement and examine all claims that are linked to or include the limitations of the allowable linking claim. This ensures that all related inventions are considered when a fundamental linking claim is deemed patentable.
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