What happens to non-elected claims after an election without traverse?
After an election without traverse, non-elected claims are typically withdrawn from consideration. The MPEP 821.02 provides guidance on this process: Claims to the nonelected invention should be treated by using form paragraph 8.06. Form paragraph 8.06 states: Claim [1] withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected [2],…
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