Is an election combined with an argument that the linking claim is allowable considered a traversal?

No, an election combined with an argument that the linking claim is allowable is not considered a traversal of the restriction requirement. The MPEP Section 818.01(d) explicitly states: “An election combined with an argument that the linking claim is allowable is not a traversal of the restriction requirement. The Office considers such a response to…

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What happens if an applicant doesn’t provide reasons for traversing a restriction requirement?

If an applicant doesn’t provide reasons for traversing a restriction requirement or fails to indicate whether the requirement is being traversed, the election will be treated as an election without traverse. According to MPEP 818.01: “The absence of any statement indicating whether the requirement to restrict is traversed or the failure to provide reasons for…

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