How do linking claims affect restriction requirements?
Linking claims can affect restriction requirements in patent applications, but their presence doesn’t necessarily prevent a restriction. According to MPEP 809:
“Where an application includes claims to distinct inventions as well as linking claims, restriction can nevertheless be required. The linking claims must be examined with, and thus are considered part of, the invention elected.”
This means that examiners can still issue a restriction requirement, but they must examine the linking claims along with the elected invention. If the linking claims are found allowable, it can lead to the rejoinder of previously restricted inventions.
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