Can an applicant petition against a restriction requirement after an election without traverse?
Generally, an applicant cannot petition against a restriction requirement after an election without traverse. The MPEP 821.02 indicates: This form paragraph will show that applicant has not retained the right to petition from the requirement under 37 CFR 1.144. This means that by making an election without traverse, the applicant effectively waives their right to…
Read MoreWhat is the significance of an incomplete reply in a restriction requirement response?
An incomplete reply to a restriction requirement can have significant consequences. According to MPEP 821.02, an incomplete reply may be treated as an election without traverse: Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse ( MPEP §…
Read MoreHow does an examiner acknowledge an election without traverse?
An examiner acknowledges an election without traverse using specific form paragraphs. According to MPEP 821.02, the examiner uses: Form paragraph 8.25.01 for a clear election without traverse Form paragraph 8.25.02 for an election treated as without traverse due to an incomplete reply For example, form paragraph 8.25.01 states: Applicant’s election without traverse of [1] in…
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