Can an applicant file a Request for Continued Examination (RCE) to switch inventions?
No, an applicant cannot use a Request for Continued Examination (RCE) to switch inventions as a matter of right. The MPEP 819 clearly states: “In addition, the applicant cannot, as a matter of right, file a request for continued examination (RCE) on claims that are independent and distinct from the claims previously claimed and examined…
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