What constitutes an election by optional cancelation of claims?
An election by optional cancelation of claims occurs when an applicant, who initially claimed two or more independent or distinct inventions, amends the claims by canceling those related to one or more inventions, leaving only claims to a single invention. As stated in MPEP 818.02(c):
“Where applicant claims two or more independent or distinct inventions and as a result of amendment to the claims, he or she cancels the claims to one or more of such inventions, leaving claims to one invention, and such claims are acted upon by the examiner, the claimed invention thus acted upon is elected.”
In essence, by canceling claims to all but one invention, the applicant is effectively electing that remaining invention for examination.
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