What happens to the right to petition if all linking claims are canceled after a final restriction?
The right to petition against a restriction requirement is preserved even if all linking claims are canceled after the restriction is made final. The MPEP Section 818.01(d) clearly states:
“If restriction is made final following consideration of a traverse, the right to petition is preserved even if all linking claims are canceled.”
This provision ensures that applicants retain their right to challenge the restriction requirement through a petition, regardless of the status of the linking claims. It’s important for applicants to understand that the cancellation of linking claims does not negate their ability to contest the restriction requirement if they believe it was improper.
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