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818.03 Express Election and Traverse [R-3] - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
818.03 Express Election and Traverse [R-3]
37 CFR 1.143 Reconsideration of requirement.
If the applicant disagrees with the requirement for restriction, he may request reconsideration and withdrawal or modification of the requirement, giving the reasons therefor. (See § 1.111). In requesting reconsideration the applicant must indicate a provisional election of one invention for prosecution, which invention shall be the one elected in the event the requirement becomes final. The requirement for restriction will be reconsidered on such a request. If the requirement is repeated and made final, the examiner will at the same time act on the claims to the invention elected.
Election in reply to a requirement may be made either with or without an accompanying traverse of the requirement.
>Applicant must make his or her own election; the examiner will not make the election for the applicant. 37 CFR 1.142, 37 CFR 1.143.<
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