How are non-elected claims handled after a Board decision?

When handling non-elected claims after a Board decision:

1. If elected claims are in condition for allowance, non-elected claims should be considered for rejoinder.
2. If the Board reverses all rejections of a generic claim, pending claims drawn to non-elected species must be acted upon.
3. Exception: If the examiner reopens prosecution with a new ground of rejection of the generic claim and determines the election of species is still appropriate.

The MPEP states: If, upon review of the decision of the Board, the elected claims are in condition for allowance and the application contains claims directed to a non-elected invention, whether the election was made with or without traverse, the non-elected invention should be considered for rejoinder.

To learn more:

• Board decision
• non-elected claims
• rejoinder
• generic claims
• species claims