What happens to non-elected claims after an election without traverse?
After an election without traverse, non-elected claims are typically withdrawn from consideration. The MPEP 821.02 provides guidance on this process:
Claims to the nonelected invention should be treated by using form paragraph 8.06.
Form paragraph 8.06 states:
Claim [1] withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected [2], there being no allowable generic or linking claim. Election was made without traverse in the reply filed on [3].
If the application is ready for allowance, non-elected claims that are not eligible for rejoinder may be canceled by an examiner’s amendment. However, claims directed to non-elected species or inventions that are eligible for rejoinder should be rejoined rather than canceled.
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