What is the process for rejoining withdrawn claims in a patent application?

The process for rejoining withdrawn claims in a patent application involves the following steps:

  • The examiner determines that a claim directed to a nonelected invention is allowable.
  • All claims directed to nonelected species must depend from or otherwise require all the limitations of an allowable claim.
  • The examiner then rejoins the previously withdrawn claims.
  • Rejoined claims are fully examined for patentability in accordance with 37 CFR 1.104.

As stated in 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“Where applicant elects claims directed to the product, and the product claims are subsequently found allowable, withdrawn process claims that depend from or otherwise require all the limitations of the allowable product claim will be considered for rejoinder.”

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Tags: nonelected species, rejoinder, withdrawn claims