What should an examiner do if they are unsure about the proper restriction among claimed inventions?
If an examiner is unsure about the proper restriction among claimed inventions, they should seek assistance from a more experienced examiner in the relevant technology area. MPEP 815 states:
“If some of the claimed inventions are classifiable in a technology that the examiner does not examine and the examiner has any doubt as to the proper restriction among the claimed inventions, the application should be referred to an examiner who regularly examines that technology, and such examiner should render the necessary assistance.”
This guidance ensures that restriction requirements are made accurately and completely, even when an examiner encounters unfamiliar technology.
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