What is a proper traverse of a restriction requirement with linking claims?
A proper traverse of a restriction requirement with linking claims must include a written statement that specifically points out the supposed errors in the requirement. The Manual of Patent Examining Procedure (MPEP) Section 818.01(d) states:
“Regardless of the presence of a linking claim, a proper traverse must include a written statement of the reasons for traverse, distinctly and specifically pointing out the supposed errors upon which the applicant relies for his or her conclusion that the requirement is in error.”
This means that simply arguing that the linking claim is allowable does not constitute a proper traverse. The applicant must provide specific reasons why they believe the restriction requirement is incorrect.
To learn more: