When should a Classification Challenge be submitted in relation to a restriction requirement?
When a restriction requirement is applicable, a Classification Challenge should be submitted only after an election has been made. This ensures that the challenge is based on the elected claims. As stated in MPEP 909.01(d):
“In those applications in which a restriction is considered proper by the examiner, an election must be made prior to the submission of C* challenge(s) so that the challenge may be decided based on the claims elected.”
The election can be made either telephonically or in writing. This procedure helps streamline the classification process by focusing on the elected invention.
To learn more: