In after final situations when no amendment or evidence is submitted, but applicant submits arguments that persuade the examiner that all the product claims are allowable, in effect the final rejection of the product claims is not sustainable, and any rejection of the rejoined process claims must be done in a new Office action.
If the process claims would be rejected, applicant may be called before mailing a new Office action and given the opportunity to cancel the process claims and to place the application in condition for allowance with the allowable product claims. Claim [1] directed to an allowable product. Claim [4], directed to the invention s of [5] require all the limitations of an allowable product claim, and [6] NOT been rejoined. Because a claimed invention previously withdrawn from consideration under 37 CFR 1.
Because all claims previously withdrawn from consideration under 37 CFR 1. Examiner Note: 1. In bracket 1, insert the invention elected. In bracket 3, insert in summary form, the ground s on which traversal is based. In bracket 4, insert the reasons why the traversal was not found to be persuasive. Examiner Note: In bracket 2, insert --invention-- or --species Examiner Note: In bracket 2, insert --invention--, or --species Examiner Note: In bracket 2, insert --an invention--, --inventions--, --a species--, or --species Examiner Note: This form paragraph should not be used for an application filed on or after August 25, that has been granted special status under the accelerated examination program or other provisions under 37 CFR 1.
AE should be used instead. Where the elected invention is directed to a product and previously nonelected process claims are rejoined, form paragraph 8. This form paragraph should be used whenever ALL previously withdrawn claims depend from or otherwise require all the limitations of an allowable claim e.
Use form paragraph 8. In bracket 2, insert the number s of the rejoined claim s followed by either -- is-- or -- are In bracket 3 insert-- requires-- or -- require In bracket 4, insert either --between-- or --among In bracket 5, insert the group s , species, or subject matter of the invention s being rejoined. In bracket 7, insert the number s of the rejoined claim s followed by either --is-- or --are This form paragraph is applicable where a restriction requirement was made between related product inventions or between related process inventions.
This form paragraph or form paragraph 8. In bracket 2, insert -- between-- or --among-- followed by identification of the inventions i. In bracket 4, insert the date of the restriction requirement being fully or partially withdrawn.
In bracket 5, insert "withdrawn" if the restriction requirement is no longer in effect at all or "partially withdrawn" if the restriction requirement is still partially in effect. If the restriction requirement is still partially in effect, state the claim s to which it still applies. In bracket 7, insert the subject matter of the claimed invention or species not being rejoined followed by -- remains-- or --remain In bracket 8, insert --it does not-- or --they do not all This form paragraph should be used upon the allowance of a linking claim, generic claim, or subcombination claim when, some, but not all, of the nonelected claims require all the limitations of an allowable claim.
In bracket 7, insert the subject matter of the claimed invention or species being rejoined followed by either -- is-- or -- are In bracket 9, insert the subject matter of the claimed invention or species not being rejoined followed by -- remains-- or --remain In bracket 10, insert --it does not-- or --they do not all If all of the claims are in proper form, i. If no issues remain outstanding and application is otherwise ready for allowance, use form paragraph 8.
In bracket 2, insert either --between-- or --among In bracket 3, insert the group s , species, or subject matter of the invention s that were restricted. In bracket 5, insert the date of the restriction requirement being fully or partially withdrawn. In bracket 6, insert "withdrawn" if the restriction requirement is no longer in effect at all or "partially withdrawn" if the restriction requirement is still partially in effect.
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No amendment may introduce new matter into the disclosure of an application. Changes to the specification, including the claims, of an application made by the Office in an examiner's amendment may be made by specific instructions to insert or delete subject matter set forth in the examiner's amendment by identifying the precise point in the specification or the claim s where the insertion or deletion is to be made.
Compliance with paragraphs b 1 , b 2 , or c of this section is not required. Each section of an amendment document e. Amendments in provisional applications are not usually made. If an amendment is made to a provisional application, however, it must comply with the provisions of this section. Any amendments to a provisional application shall be placed in the provisional application file but may not be entered.
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