How do you traverse restriction requirements?

In the reply to the restriction requirement, applicant must elect one invention for examination. If applicant wishes to traverse the restriction requirement, the reply must also include a traversal with specific reasons why applicant believes the restriction requirement is in error.

What does it mean to traverse a rejection?

Traversing in a patent proceeding means to register a formal disagreement with the examiner’s findings or requirements. Once filed, the application is reviewed by a patent office examiner who decides whether to grant the patent.

What is a Uspto restriction requirement?

Authority for restriction Restriction is the practice of requiring an applicant to elect a single, claimed invention for examination when two or more independent inventions and/or two or more distinct inventions are claimed in the application.

What does without traverse mean?

If the election is made without traverse, which is typically the recommended route unless there are unique circumstances, then the applicant merely makes an election.

What is an obviousness rejection?

When claims are rejected as being obvious, it means that the examiner did not find all elements in a single prior art reference. Instead, the examiner may use a combination of prior art references to reject a claim as covering an obvious invention.

When to consider a rejoinder to MPEP 821.04?

821.04 Rejoinder [R-08

What are the requirements of rejection based on inherency?

In re Best, 562 F.2d 1252, 1255 n.4, 195 USPQ 430, 433 n.4 (CCPA 1977). This same rationale should also apply to product, apparatus, and process claims claimed in terms of function, property or characteristic. Therefore, a 35 U.S.C. 102 and 103 rejection is appropriate for these types of claims as well as for composition claims.

Is the restriction requirement withdrawn under MPEP § 821.04?

The restriction requirement, as set forth in the Office action mailed on, has been reconsidered in view of the allowability of claims to the elected invention pursuant to MPEP § 821.04 (a). The restriction requirement is hereby withdrawn as to any claim that requires all the limitations of an allowable claim.

When does the MPEP apply to an AIA application?

[Editor Note: This MPEP section is applicable to applications subject to the first inventor to file (FITF) provisions of the AIA except that the relevant date is the “effective filing date” of the claimed invention instead of the “time of the invention,” which is only applicable to applications subject to pre-AIA 35 U.S.C. 102.

How do you traverse restriction requirements? In the reply to the restriction requirement, applicant must elect one invention for examination. If applicant wishes to traverse the restriction requirement, the reply must also include a traversal with specific reasons why applicant believes the restriction requirement is in error. What does it mean to traverse a rejection?…