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are allowable, should any linking claim be allowable, the restriction requirement between the linked inventions must be withdrawn.”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 a combination claim is found allowable in a restriction between subcombinations?
When a combination claim is found allowable in a restriction between subcombinations, the examiner must reconsider the propriety of the restriction requirement. MPEP 806.05(d) states: “Upon determining that all claims directed to an elected combination invention are allowable, the examiner must reconsider the propriety of the restriction requirement. Where the combination is allowable in view…
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