Can withdrawn claims be reinstated after a restriction requirement?
Yes, withdrawn claims can be reinstated after a restriction requirement under certain conditions. The MPEP 809 provides guidance on this process:
“Where such withdrawn claims have been canceled by applicant pursuant to the restriction requirement, upon the allowance of the linking claim(s), the examiner must notify applicant that any canceled, nonelected claim(s) which depends from or requires all the limitations of the allowable linking claim may be reinstated by submitting the claim(s) in an amendment.”
This means that if an applicant canceled claims due to a restriction requirement, they can potentially reinstate these claims if they depend on or require all limitations of an allowable linking claim. The examiner should notify the applicant of this opportunity, and upon reinstatement, these claims will be fully examined for patentability.
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