This section covers details on election and reply. Election is the designation by applicant of the one or two more disclosed inventions that will be prosecuted in the application. This section covers election in reply to a restriction requirement including express and election other than express.
818.01 Election in Reply to a Restriction Requirement: Express
MPEP SECTION SUMMARY
If the applicant disagrees with the requirement for restriction, he may request reconsideration and withdrawal or modification of the requirement, giving the reasons therefor.
A traverse is a request for reconsideration of a requirement to restrict that must include a written statement of the reasons for traverse, distinctly and specifically pointing out the supposed errors upon which the applicant relies for his or her conclusion that the requirement is in error.
818.01(a) Reply Must be Complete
MPEP SECTION SUMMARY
A mere broad allegation that the requirement is in error does not comply with the requirement of 37 CFR 1.111. Thus the required provisional election becomes an election without traverse if accompanied by an incomplete traversal of the requirement for restriction.
818.01(b) Election is Required, Even When Requirement Is Traversed
MPEP SECTION SUMMARY
A provisional election must be made even if the requirement is traversed.
818.01(c) Traverse is Required To Preserve Right of Petition
MPEP SECTION SUMMARY
After a final requirement for restriction, the applicant, in addition to making any reply due on the remainder of the action, may petition the Director to review the requirement. Petition may be deferred until after final action on or allowance of claims to the invention elected, but must be filed not later than appeal.
818.01(d) Traverse of Restriction Requirement With Linking Claims
MPEP SECTION SUMMARY
Regardless of the presence of a linking claim, a proper traverse must include a written statement of the reasons for traverse, distinctly and specifically pointing out the supposed errors upon which the applicant relies for his or her conclusion that the requirement is in error.
An election combined with an argument that the linking claim is allowable is not a traversal of the restriction requirement.
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818.03
The traverse to a requirement must be complete as required by 37 CFR 1.111(b) . . . Under this rule, the applicant is required to specifically point out the reasons on which he or she bases his or her conclusions that a requirement to restrict is in error.
This section covers details on election and reply. Election is the designation by applicant of the one or two more disclosed inventions that will be prosecuted in the application. This section covers election in reply to a restriction requirement including express and election other than express.
Section Frequency Chart