What is the examiner’s responsibility regarding canceled non-elected claims?
Regarding canceled non-elected claims, the examiner has the following responsibilities:
- Ensure that canceled claims are not included in the listing of claims.
- Verify that the claim status identifiers correctly indicate canceled claims.
- Do not examine or comment on the merits of canceled claims.
MPEP 821 states: “Claims which are withdrawn or otherwise not elected are not entitled to examination on the merits. … Where claims to another invention are properly added and entered in the application after the mailing of an action, they are treated as new claims and handled in the same manner as original claims.”
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