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Examining another species after the restriction requriement was made final.
Posted by Anonymous . updated on 2/26/2009
I had an interview with an Examiner who agreed to examine another species after the restriction requriement was made final. To obviate prior art, I need to amend my independent claim to require this other species (currently claimed in a withdrawn dependent claim). Procedurely, shoud I
(a) cancel the withdrawn claim since I am including the limitations in the independent amended claim
OR
(b) include the limitations in the independent claim and also keep in the dependent claim leaving it marked as withdrawn in case the Examiner changes his mind to extend the search to this species (Who knows what the interview summary will say!) ?
Thank you for advice -- this might be a minor point but I dont want to get a non-compliance notice.
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