Is an election combined with an argument that the linking claim is allowable considered a traversal?

No, an election combined with an argument that the linking claim is allowable is not considered a traversal of the restriction requirement. The MPEP Section 818.01(d) explicitly states: “An election combined with an argument that the linking claim is allowable is not a traversal of the restriction requirement. The Office considers such a response to…

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What constitutes a complete reply to a restriction requirement?

A complete reply to a restriction requirement must include two key elements: An election: The applicant must choose one of the inventions or species identified in the restriction requirement. A listing of all claims readable on the elected invention: The applicant must identify which claims encompass the chosen invention or species. MPEP 818.01(a) states: “As…

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When should a C* classification challenge be submitted for applications with restriction requirements?

For applications with restriction requirements, a C* classification challenge should be submitted after an election has been made. MPEP 909.01(d) states: “In those applications in which a restriction is considered proper by the examiner, an election must be made prior to the submission of C* challenge(s) so that the challenge may be decided based on…

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