What happens if a combination claim is found allowable in a restriction between subcombinations?

When a combination claim is found allowable in a restriction between subcombinations, the examiner must reconsider the propriety of the restriction requirement. MPEP 806.05(d) states:

“Upon determining that all claims directed to an elected combination invention are allowable, the examiner must reconsider the propriety of the restriction requirement. Where the combination is allowable in view of the patentability of at least one of the subcombinations, the restriction requirement between the elected combination and patentable subcombination(s) will be withdrawn; furthermore, any subcombinations that were searched and determined to be allowable must also be rejoined.”

This means that:

• The restriction requirement between the allowable combination and patentable subcombinations will be withdrawn
• Any subcombinations that were searched and found allowable will be rejoined
• If a subcombination is elected and found allowable, nonelected claims requiring all the limitations of the allowable claim will be rejoined according to MPEP § 821.04

To learn more:

• allowable combination
• restriction withdrawal
• rejoinder
• patent examination
• MPEP 806.05(d)