What is MPEP 821.04 and how does it relate to rejoinder of claims?

MPEP 821.04 is a section of the Manual of Patent Examining Procedure that provides detailed guidance on the rejoinder of claims. The MPEP 1302.04(h) specifically references this section:

“See MPEP § 821.04.”

MPEP 821.04 covers various aspects of rejoinder, including:

  • Conditions for rejoinder of non-elected inventions
  • Rejoinder of process claims
  • Rejoinder of product claims
  • Procedures for rejoinder after final rejection

This section provides examiners with comprehensive instructions on when and how to rejoin previously withdrawn claims, ensuring consistency in the application of rejoinder practices across different patent applications.

To learn more:

Tags: mpep 821.04, non-elected inventions, process claims, Product Claims, rejoinder guidance