Can an applicant reinstate canceled non-elected claims after a restriction requirement is withdrawn?
Yes, an applicant can reinstate canceled non-elected claims under certain conditions after a restriction requirement is withdrawn. According to MPEP 821.04(a):
“The canceled, nonelected claim(s) may be reinstated by applicant if submitted in a timely filed amendment in reply to this action. Upon entry of the amendment, such amended claim(s) will be examined for patentability under 37 CFR 1.104.”
This means that if an applicant canceled non-elected claims that required all the limitations of an allowable claim, they can reinstate these claims by submitting them in a timely amendment. The reinstated claims will then be examined for patentability. However, the timing and specific procedures for reinstatement may vary depending on the stage of prosecution.
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