Can an examiner cancel non-elected claims without prior authorization from the applicant?
Yes, an examiner can cancel non-elected claims without prior authorization from the applicant under specific circumstances. This authority is granted to examiners by 37 CFR 1.142(b).
According to MPEP 821.01:
“If applicant has not canceled the nonelected claims or taken other appropriate action (37 CFR 1.144) after the conclusion of the prosecution as defined in 37 CFR 1.114(b) (see MPEP § 821.01), the examiner will cancel the nonelected claims in the next Office action and authorize transfer of the application to issue.”
This means that if the applicant has not voluntarily canceled the non-elected claims or taken other appropriate action after the conclusion of prosecution, the examiner has the authority to cancel these claims without seeking further permission from the applicant.
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