How are linking claims treated during patent examination?
During patent examination, linking claims receive special treatment. The MPEP 809 states:
“Linking claims must be examined with, and thus are considered part of, the invention elected. When all claims directed to the elected invention are allowable, should any linking claim be allowable, the restriction requirement between the linked inventions must be withdrawn.”
This means examiners must consider linking claims along with the elected invention, and if both are allowable, the restriction between linked inventions is removed.
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