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10 Cards in this Set
- Front
- Back
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What are the requirements for issuing a proper restriction?
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1. The inventions must be independent (unrelated) or distinct, as claimed AND,
2. Examination of the inventions in a single application would create a "serious burden" |
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When is a "serious burden" present?
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1. Separate classes,
2. Require different fields of search, 3. Have separate status in the are, even though same class. |
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What must an applicant do in response to a restriction requirement?
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Applicant must elect a species; argument alone will not suffice.
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When can the USPTO cancel non-elected claims?
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When the application is ready for issue.
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What is the effect of an applicant failing to cancel claims after traversing a restriction requirement?
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An authorization to cancel, not an abandonment.
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Is a restriction appealable?
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No. A petition is required.
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What is the fee for a petition from a restriction requirement?
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No fee.
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What are the requirements for filing a petition from a restriction requirement?
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1. Restriction requirement was traversed,
2. Reasons for traversal were explained, 3. Reconsideration was requested. |
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When may a petition from a restriction requirement be filed?
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May be filed after a final requirement for restriction (not before); may be deferred until after final action or allowance of the elected claims; must be filed not later than appeal.
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May an examiner issue a restriction requirement even when there is a generic claim linking two alternatives?
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Yes, but the examiner must examine the linking claim and undo the restriction if found to be allowable.
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