What form paragraphs should examiners use for restriction requirements?
According to MPEP 818.01(b), examiners should use specific form paragraphs when issuing restriction requirements:
- For general restriction requirements: Form paragraph 8.21
- For election of species: Form paragraph 8.01 or 8.02
The MPEP states: “All requirements for restriction, other than those containing only an election of species, should include form paragraph 8.21. For election of species, form paragraph 8.01 or 8.02 should be used.”
These form paragraphs include the notice about the necessity of a provisional election even when traversing the requirement.
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