How are non-elected process claims treated after product claims are found allowable?
When product claims are found allowable and non-elected process claims include all the limitations of the allowable product claims: The non-elected process claims may be subject to rejoinder. The examiner should consider rejoinder of these claims. If rejoinder is appropriate, the examiner should notify applicant of the potential for rejoinder. MPEP 821 states: “Where product…
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