What happens if an applicant traverses a restriction requirement between a process and a product?

If an applicant convincingly traverses a restriction requirement between a process and a product, the burden shifts to the examiner. According to MPEP 806.05(f):

“If applicant convincingly traverses the requirement, the burden shifts to the examiner to document a viable alternative process or product, or withdraw the requirement.”

This means that if the applicant provides a persuasive argument against the restriction requirement, the examiner must either:

• Document a viable alternative process or product that demonstrates the distinctness of the inventions, or
• Withdraw the restriction requirement if unable to provide such documentation.

This process ensures that restriction requirements are justified and gives applicants an opportunity to challenge them if they believe the inventions are not distinct.

To learn more:

• Restriction Requirement
• Traversal
• Patent Examination
• Examiner Burden