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election restriction requirement
Posted by Anonymous . updated on 2/26/2009
Quick synopsis of the history of my prosecution for a utility patent:
Was rejected based on prior art.
I filed an RCE with amended claims.
I just rec'd a first response (non-final) to RCE stating that my invention is capable of being practiced two ways (she cites two classifications the invention can fall under) and I must elect/restrict one of the two methods.
I understand the latter and will opt for the one invention I feel is appropriate.
My questions are: does this mean the examiner has now accepted my application once I elect/restrict and will allow the application? Or will it be subject to further examination on the merits once I respond to her request?
Thank you so much if you have any advice. I would really appreciate it.
Answers (3)
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wallflo...
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The restriction requirement refers to an undue burden on the examiner to perform a search for independent and distinct inventions. The restriction requirement is typically not an action on the merits.
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charles...
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I just reread the response. It says that I must restrict the application to one of two choices. All of the claims in her work sheet are marked with the restricted work symbol.
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Bill Ri...
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You should also look for ways to obviate the restriction. Have you considered a linking claim? I would not just automatically elect without studying the restriction. (You'll probably be restricted anyway, but it's worth the effort.)
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