What is the “Linking Claim” requirement for rejoinder?
A “linking claim” is a key requirement for rejoinder in patent applications. According to MPEP 821.04:
“Where applicant elects claims directed to the product, and the product claims are subsequently found allowable, withdrawn process claims that depend from or otherwise require all the limitations of the allowable product claim will be considered for rejoinder.”
This means that for rejoinder to occur, there must be a connection or “link” between the elected product claims and the withdrawn process claims. The process claims must either depend on or include all the limitations of the allowable product claim.
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