How does an examiner withdraw claims not directed to the elected invention?
When an examiner determines that certain claims are not directed to the elected invention, they are required to withdraw these claims from further consideration. This process is outlined in MPEP § 821, which states:
“All claims that the examiner finds are not directed to the elected invention are withdrawn from further consideration by the examiner in accordance with 37 CFR 1.142(b).”
The examiner must also provide a clear explanation in the Office action detailing why the withdrawn claims are not considered to be part of the elected invention. This ensures transparency in the examination process and allows the applicant to understand the basis for the withdrawal.
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