How are multiple reissue applications treated when restriction is required?
When restriction is required in multiple reissue applications, the process involves several steps. According to MPEP 1450, if the original patent claims are found allowable, the examiner will suggest filing a divisional reissue application for the non-elected claims. The original application will be suspended pending examination of the divisional application. Once both applications are allowable, the examiner will require the applicant to merge the claims into a single application. The MPEP states: “Once a divisional reissue application containing the added claims is determined to be allowable, the examiner will issue a requirement under 37 CFR 1.177(c) for applicant to merge the claims of the suspended first reissue application with the allowable claims of the divisional reissue application into a single application.” This process ensures that all claims are properly examined and combined in a single reissue patent.
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