What happens to claims drawn to nonelected inventions?
Claims found to be drawn to nonelected inventions, including claims drawn to nonelected species or inventions that may be eligible for rejoinder, are treated according to specific guidelines outlined in the Manual of Patent Examining Procedure (MPEP). As stated in MPEP § 821:
“Claims found to be drawn to nonelected inventions, including claims drawn to nonelected species or inventions that may be eligible for rejoinder, are treated as indicated in MPEP § 821.01 through § 821.04.”
This means that the examiner will follow specific procedures for handling these claims, which may include withdrawing them from further consideration or providing opportunities for rejoinder under certain circumstances.
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