What is the purpose of submitting certain double patenting rejections to the Technology Center Director?
The purpose of submitting certain double patenting rejections to the Technology Center Director is to promote uniform practice in the examination process. Specifically, “every Office action containing a rejection on the ground of nonstatutory double patenting which relies on the parent application to reject the claims in a divisional application where the divisional application was filed because of a requirement to restrict made by the examiner under 35 U.S.C. 121, including a requirement to elect species, must be submitted to the Technology Center Director for approval prior to mailing.” This review process ensures consistency and fairness in the application of double patenting rejections in cases involving divisional applications resulting from restriction requirements.
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