How does an examiner withdraw claims not directed to the elected invention?
When an examiner determines that certain claims are not directed to the elected invention, they are required to withdraw these claims from further consideration. This process is outlined in MPEP ยง 821, which states: “All claims that the examiner finds are not directed to the elected invention are withdrawn from further consideration by the examiner…
Read MoreWhat is the significance of the January 23, 2012 date mentioned in MPEP 1214.05?
The date January 23, 2012, mentioned in MPEP 1214.05, is significant because it marks a change in the handling of withdrawn claims during the patent appeal process. The MPEP states: “Where, in an appeal brief filed before January 23, 2012, an appellant withdraws some of the appealed claims […] the withdrawal is treated as an…
Read More