What are the key components of a complete traversal to a restriction requirement?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A complete traversal to a restriction requirement must include specific elements to be considered valid. According to MPEP 818.01(a), the key components are:

  1. Specificity: The applicant must “specifically point out the reason(s) on which he or she bases his or her conclusion(s) that a requirement to restrict is in error.”
  2. Detailed reasoning: A broad allegation of error is insufficient. The traversal should provide detailed arguments addressing why the restriction is believed to be improper.
  3. Compliance with 37 CFR 1.111: The traversal must meet the requirements of 37 CFR 1.111, which governs replies to Office actions.

A complete traversal should address the specific grounds for restriction presented by the examiner and provide substantive arguments as to why these grounds are incorrect or do not apply to the application.

Tags: complete traversal, patent examination, Restriction Requirement, specific reasons