MPEP § 803.03(b) — Transitional Application — Generic Claim Allowable (Annotated Rules)
§803.03(b) Transitional Application — Generic Claim Allowable
This page consolidates and annotates all enforceable requirements under MPEP § 803.03(b), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Transitional Application — Generic Claim Allowable
This section addresses Transitional Application — Generic Claim Allowable. Primary authority: 37 CFR 1.17(s), 37 CFR 821.04, and 37 CFR 821.04(a). Contains: 1 guidance statement.
Key Rules
Processing Fees
Whenever claims drawn to an additional species in a transitional application for which applicant paid the fee set forth in 37 CFR 1.17(s) are no longer withdrawn from consideration because they are fully embraced by an allowable generic claim, applicant should be notified that he or she may request a refund of the fee paid for that additional species.
Citations
| Primary topic | Citation |
|---|---|
| Processing Fees | 37 CFR § 1.17(s) |
| – | 37 CFR § 821.04 |
| – | 37 CFR § 821.04(a) |
| – | MPEP § 806.04(d) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 803.03(b) — Transitional Application — Generic Claim Allowable
Source: USPTO803.03(b) Transitional Application — Generic Claim Allowable [R-08.2012]
Whenever claims drawn to an additional species in a transitional application for which applicant paid the fee set forth in 37 CFR 1.17(s) are no longer withdrawn from consideration because they are fully embraced by an allowable generic claim, applicant should be notified that he or she may request a refund of the fee paid for that additional species.
The determination of when claims to a nonelected species would no longer be withdrawn from consideration should be made as indicated in MPEP § 806.04(d), § 821.04, and § 821.04(a).
