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species election
Posted by Anonymous . updated on 11/30/2009
My claims consist of 1 apparatus claim and 5 method claims. I received an office communication stating that the method claims were drawn to a different species than the apparatus claim and that I must elect a single disclosed species. I believe that the preamble to each method claim made it clear that each method claim was drawn to the species of the apparatus claim. Apparently, the examiner does not agree.
Question: Can I just send a response stating "Claims 2 through 5 are hereby directed to the species of the Examiner’s Group I" where Group I is the species of the apparatus claim?
Thanks for any opinions & experience!
Answers (1)
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Sanaa T...
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You may have to elaborate further on your arguments. You can have a call with your examiner if you wish to clarify further.
However, you can also give us a call at toll-free (877)-794-9511 or mail us at customer.service@patentexpress.com
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