Can an examiner withdraw the election of species requirement in a Markush claim?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. Yes, an examiner can withdraw the election of species requirement in a Markush claim under certain circumstances. According to MPEP 803.02 : “If on examination the examiner finds that the elected species is allowable and determines that all claims to species are allowable, the restriction requirement between the elected species and the non-elected species should be withdrawn.” This means that if the examiner determines that: The elected species is allowable All claims to species are allowable The search and examination can be made without serious burden Then the examiner should withdraw the election of species requirement and examine all species. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Provisional Election of Species A Required MPEP 803.02 Election of Species Is Required for Markush Claims Examination MPEP 803.02 Provisional Election of Species Requirement Separate from First Office Action on Merits Must Not Include Rejection Based on Improper Markush Grouping MPEP 803.02 Required Provisional Election of Species for Markush Claims MPEP 803.02 Permitted Requirement for Provisional Election of Species MPEP 803.02 Merits Examination Required Without Serious Burden MPEP 803 Required Examination of Markush Claim if Species is Allowable MPEP 803.02 Election of Species Required for Markush Claims MPEP 803.02 Requirement for Election of Species in Markush Claims MPEP 803.02 Recommended Requirement for Provisional Election of Species MPEP 803.02 Other Related FAQs 5 FAQs Collapse What is the &#8220;upon finding allowable subject matter&#8221; rule in Markush claim examination? How does the examiner determine if a Markush claim is allowable? How does the examiner ...