What should applicants do when faced with a species restriction requirement?
When faced with a species restriction requirement, applicants should take the following steps:
- Review the requirement: Carefully review the examiner’s reasons for the restriction and ensure it meets the criteria outlined in MPEP 808.01(a).
- Elect a single species: As stated in the MPEP, “When a requirement for restriction between either independent or distinct species is made, applicant must elect a single disclosed species even if applicant disagrees with the examiner’s restriction requirement.”
- Consider traversing: If you believe the restriction is improper, you can traverse the requirement while still making an election.
- Identify generic claims: Identify any generic claims that encompass the elected species.
- Prepare for examination: Be prepared to argue for the examination of additional species if the elected species is found allowable.
Remember, as per MPEP 808.01(a), “In all applications where a generic claim is found allowable, the application should be treated as indicated in MPEP § 809 and § 821.04(a).” This means that if a generic claim is allowed, you may be entitled to examination of additional species.
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