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Author Topic: restriction requirement, constructive elected  (Read 1996 times)


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restriction requirement, constructive elected
« on: 10-17-18 at 01:52 pm »

In response to a restriction requirement, I elected a specific group/species and later add a dependent claim not covered by the species. now the examiner indicates the dependent claim is withdrawn because the invention has been constructively elected. 

How should I response?  Should I at least indicate that we disagree?


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Re: restriction requirement, constructive elected
« Reply #1 on: 05-06-19 at 11:18 am »

What the examiner did actually seems proper to me.  Let it stand as withdrawn, if the parent claim is found allowable then the withdrawn claim should be rejoined.  If you are going to need to rely on the newly added claim limitation for patentability, then your initial election might have been not so good a choice (not a criticism here, I've been in that same boat myself).


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