When should an examiner examine all claims despite potential distinctness?
An examiner should examine all claims on their merits, even if they include claims to independent or distinct inventions, when the search and examination can be made without serious burden. The MPEP 803 clearly states:
“If the search and examination of all the claims in an application can be made without serious burden, the examiner must examine them on the merits, even though they include claims to independent or distinct inventions.”
This guideline emphasizes the importance of efficiency in patent examination. If the examiner can reasonably search and examine all claims without a significant increase in effort or resources, they should do so rather than issuing a restriction requirement.
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