How does rejoinder affect withdrawn process claims?
How does rejoinder affect withdrawn process claims?
Rejoinder can significantly affect withdrawn process claims in patent applications. According to MPEP 821.04(a):
“When all claims directed to the elected product are in condition for allowance, all process claims eligible for rejoinder should be rejoined and fully examined for patentability in accordance with 37 CFR 1.104.”
This means that when product claims are found allowable, previously withdrawn process claims that depend from or otherwise include all the limitations of the allowable product claims will be considered for rejoinder. If rejoined, these process claims will be fully examined for patentability, potentially leading to their allowance alongside the product claims.
However, it’s important to note that not all withdrawn process claims will be eligible for rejoinder. The process claims must be commensurate in scope with the allowed product claims to be considered for rejoinder.
To learn more: