How does an examiner make a restriction requirement final?
To make a restriction requirement final, an examiner should:
- Maintain the restriction requirement in the next Office action
- Reply to the applicant’s arguments from the traverse
- Use Form Paragraph 8.25 to formally make the restriction final
The MPEP provides specific guidance: “Form paragraph 8.25 should be used to make a restriction requirement final.” (MPEP 821.01) This form paragraph acknowledges the applicant’s election with traverse and provides a structure for the examiner to respond to the applicant’s arguments.
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