What happens after an applicant elects with traverse in a restriction requirement?

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.

After an applicant elects with traverse in a restriction requirement, the examiner must reconsider the requirement. If the examiner maintains the restriction, they should:

• Make the requirement final in the next Office action
• Reply to the applicant’s arguments
• Use Form Paragraph 8.25 to make the restriction final

As stated in the MPEP, “Where the initial requirement is traversed, the examiner should reconsider it. If, upon reconsideration, the examiner is still of the opinion that restriction is proper, the examiner should maintain the restriction requirement and make it final in the next Office action.” (MPEP 821.01)