Can withdrawn claims be reinstated after a restriction requirement?
Yes, withdrawn claims can be reinstated after a restriction requirement under certain conditions. The MPEP 809 provides guidance on this process: “Where such withdrawn claims have been canceled by applicant pursuant to the restriction requirement, upon the allowance of the linking claim(s), the examiner must notify applicant that any canceled, nonelected claim(s) which depends from…
Read MoreCan cancelled claims to nonelected invention be reinstated?
Yes, under certain circumstances, cancelled claims to nonelected invention can be reinstated. The process and conditions for reinstatement are detailed in the Manual of Patent Examining Procedure (MPEP). The MPEP 1302.04(c) directs readers to “See MPEP § 821.01 and § 821.02” for specific information on this topic. These sections provide guidance on when and how…
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