How does an examiner acknowledge an election without traverse?

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.

An examiner acknowledges an election without traverse using specific form paragraphs. According to MPEP 821.02, the examiner uses:

• Form paragraph 8.25.01 for a clear election without traverse
• Form paragraph 8.25.02 for an election treated as without traverse due to an incomplete reply

For example, form paragraph 8.25.01 states:

Applicant’s election without traverse of [1] in the reply filed on [2] is acknowledged.

This acknowledgment officially records the applicant’s election and the fact that it was made without challenging the restriction requirement.