What is a proper traversal of an election of species requirement?
A proper traversal of an election of species requirement involves the applicant challenging the examiner’s assertion that the species are independent or distinct. According to MPEP 809.02: “If applicant traverses on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence…
Read MoreWhat constitutes a complete reply to a restriction requirement?
A complete reply to a restriction requirement must include two key elements: An election: The applicant must choose one of the inventions or species identified in the restriction requirement. A listing of all claims readable on the elected invention: The applicant must identify which claims encompass the chosen invention or species. MPEP 818.01(a) states: “As…
Read MoreCan an applicant challenge a restriction requirement?
Yes, an applicant can challenge a restriction requirement made by a patent examiner. The MPEP § 821 provides guidance on this process: “Applicant may traverse the requirement pursuant to 37 CFR 1.143. If a final requirement for restriction is made by the examiner, applicant may file a petition under 37 CFR 1.144 for review of…
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