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.
No, an election combined with an argument that the linking claim is allowable is not considered a traversal of the restriction requirement. The MPEP Section 818.01(d) explicitly states:
“An election combined with an argument that the linking claim is allowable is not a traversal of the restriction requirement. The Office considers such a response to be a concession that restriction is proper if the linking claim is not allowable.”
This means that if an applicant simply elects a group of claims and argues that the linking claim should be allowed, without providing specific reasons why the restriction requirement is improper, the Office will not treat this as a proper traverse. Instead, it will be seen as an acceptance of the restriction if the linking claim is determined to be not allowable.