What happens after an election without traverse in a patent application?

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 election without traverse in a patent application, the examiner takes appropriate action on the elected claims. This process is outlined in MPEP 821.02, which states:

Where the initial requirement is not traversed (either expressly or by virtue of an incomplete reply), the examiner should take appropriate action on the elected claims including determining whether the restriction requirement should be withdrawn in whole or in part.

The examiner will acknowledge the election without traverse using specific form paragraphs. They will also consider whether to withdraw the restriction requirement and may cancel non-elected claims if the application is otherwise ready for allowance.