Can a broad allegation of error satisfy the requirement for a complete reply to a restriction requirement?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
No, a broad allegation of error is not sufficient to satisfy the requirement for a complete reply to a restriction requirement. The MPEP 818.01(a) clearly states:
“A mere broad allegation that the requirement is in error does not comply with the requirement of 37 CFR 1.111.”
To provide a complete reply, the applicant must specifically point out the reason(s) why they believe the restriction requirement is in error. This requires a detailed and substantive response addressing the specific aspects of the restriction requirement that the applicant disputes.