What happens when linking claims are found allowable?
When linking claims are found allowable in a patent application, it triggers important changes in the examination process. As stated in MPEP 809: “When all claims directed to the elected invention are allowable, should any linking claim be allowable, the restriction requirement between the linked inventions must be withdrawn.” This means that if the linking…
Read MoreWhat happens if the linking claim is found allowable in a restriction requirement?
If the linking claim is found allowable, the restriction requirement must be withdrawn. The MPEP Section 818.01(d) clearly states: “If the Office allows the linking claim, the restriction requirement must be withdrawn and claims to all linked inventions that depend from or otherwise include all the limitations of the allowable linking claim must be acted…
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