What is the purpose of requiring a provisional election when traversing a restriction?
The requirement for a provisional election, even when traversing a restriction, serves several purposes:
- It allows examination to proceed on at least one set of claims while the restriction requirement is under review.
- It helps streamline the examination process by ensuring that some substantive examination can occur regardless of the outcome of the traversal.
- It provides clarity on which claims the applicant wishes to have examined first if the restriction is maintained.
As stated in MPEP 818.01(b): “As noted in the second sentence of 37 CFR 1.143, a provisional election must be made even if the requirement is traversed.” This ensures that the examination process can continue efficiently while any disputes about the restriction are resolved.
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