What is the significance of the first Office action on the merits in relation to restriction practice?
The first Office action on the merits plays a crucial role in restriction practice. According to MPEP 818.02(a), it serves as a cutoff point for considering claims as originally presented for restriction purposes: “Where claims to another invention are properly added and entered in the application before the earlier of the mailing of a first…
Read MoreCan I cancel all claims to the elected invention and present only claims to the non-elected invention?
No, you cannot cancel all claims to the elected invention and present only claims to the non-elected invention after an election by original presentation. Such an amendment is considered non-responsive and will not be entered. The MPEP 821.03 clearly states: “An amendment canceling all claims drawn to the elected invention and presenting only claims drawn…
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