When can an examiner cancel non-elected claims in a patent application?

An examiner can cancel non-elected claims in a patent application under specific circumstances, as outlined in MPEP 821.02: When applicant has not retained the right to petition the restriction requirement and the application is otherwise ready for allowance, the claims to the nonelected invention, except for claims directed to nonelected species and nonelected inventions eligible…

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What happens when the Board affirms the examiner’s rejection but reverses rejections on dependent claims?

When the Board affirms a rejection against independent claims but reverses all rejections against dependent claims, the examiner has two options after the period for further appeal expires: Convert the dependent claims into independent form by examiner’s amendment, cancel all claims with affirmed rejections, and issue the application. Set a 2-month time limit for the…

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What is an examiner’s amendment in patent prosecution?

An examiner’s amendment is a type of amendment to a patent application that is made by the examiner, typically with the agreement of the applicant or their representative. This can be an efficient way to make minor changes that put the application in condition for allowance. According to MPEP 707: Any amendment agreed upon during…

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