Can patent examiners group claims together in a common rejection?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Patent examiners should be cautious when grouping claims together for rejection. According to MPEP 707.07(d):

“Claims should not be grouped together in a common rejection unless that rejection is equally applicable to all claims in the group.”

This guideline ensures that each claim receives proper individual consideration. Examiners should only group claims together if the same rejection applies equally to all claims in that group. If claims have different issues or require different rejections, they should be addressed separately.