MPEP § 818.01(a) — Reply Must be Complete (Annotated Rules)
§818.01(a) Reply Must be Complete
This page consolidates and annotates all enforceable requirements under MPEP § 818.01(a), 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.
Reply Must be Complete
This section addresses Reply Must be Complete. Primary authority: 37 CFR 1.143, 37 CFR 1.111(b), and 37 CFR 1.111. Contains: 3 requirements.
Key Rules
Grounds for Reissue
As indicated in the first sentence of 37 CFR 1.143, the traverse to a requirement for restriction must be complete as required by 37 CFR 1.111(b). Under this rule, the applicant is required to specifically point out the reason(s) on which he or she bases his or her conclusion(s) that a requirement to restrict is in error. A mere broad allegation that the requirement is in error does not comply with the requirement of 37 CFR 1.111. Thus the required provisional election (see MPEP § 818.01(b)) becomes an election without traverse if accompanied by an incomplete traversal of the requirement for restriction.
As indicated in the first sentence of 37 CFR 1.143, the traverse to a requirement for restriction must be complete as required by 37 CFR 1.111(b). Under this rule, the applicant is required to specifically point out the reason(s) on which he or she bases his or her conclusion(s) that a requirement to restrict is in error. A mere broad allegation that the requirement is in error does not comply with the requirement of 37 CFR 1.111. Thus the required provisional election (see MPEP § 818.01(b)) becomes an election without traverse if accompanied by an incomplete traversal of the requirement for restriction.
Restriction and Election Practice (MPEP Chapter 800)
As indicated in the first sentence of 37 CFR 1.143, the traverse to a requirement for restriction must be complete as required by 37 CFR 1.111(b). Under this rule, the applicant is required to specifically point out the reason(s) on which he or she bases his or her conclusion(s) that a requirement to restrict is in error. A mere broad allegation that the requirement is in error does not comply with the requirement of 37 CFR 1.111. Thus the required provisional election (see MPEP § 818.01(b)) becomes an election without traverse if accompanied by an incomplete traversal of the requirement for restriction.
Citations
| Primary topic | Citation |
|---|---|
| Grounds for Reissue Restriction and Election Practice (MPEP Chapter 800) | 37 CFR § 1.111 |
| Grounds for Reissue Restriction and Election Practice (MPEP Chapter 800) | 37 CFR § 1.111(b) |
| Grounds for Reissue Restriction and Election Practice (MPEP Chapter 800) | 37 CFR § 1.143 |
| Grounds for Reissue Restriction and Election Practice (MPEP Chapter 800) | MPEP § 818.01(b) |
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 § 818.01(a) — Reply Must be Complete
Source: USPTO818.01(a) Reply Must be Complete [R-07.2015]
As indicated in the first sentence of 37 CFR 1.143, the traverse to a requirement for restriction must be complete as required by 37 CFR 1.111(b). Under this rule, the applicant is required to specifically point out the reason(s) on which he or she bases his or her conclusion(s) that a requirement to restrict is in error. A mere broad allegation that the requirement is in error does not comply with the requirement of 37 CFR 1.111. Thus the required provisional election (see MPEP § 818.01(b)) becomes an election without traverse if accompanied by an incomplete traversal of the requirement for restriction.