How are subsequently presented claims to a different invention treated?
When claims to an invention different from the one originally acted upon are presented after the initial examination, they are treated according to specific guidelines. MPEP 818.02(a) provides guidance on this:
“Subsequently presented claims to an invention other than that acted upon should be treated as provided in MPEP § 821.03.”
This means that if an applicant introduces claims to a different invention after the original claims have been examined, the examiner should refer to MPEP § 821.03 for the proper procedure, which may involve treating the new claims as non-elected or requiring a divisional application.
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