I recall the multiplicity question being related to a non-provisional App w/ one utility claim and more than 900 claims covering small ornamental differences. Indeed, that question’s answer involved an examiner calling the applicant by phone w/ suggestion that the applicant select a few claims for examination.
Multiplicity question – applicant has one utility claim and more than 900 claims covering small ornamental differences. Answer is that the examiner should call the applicant and have him select a few claims for examination.
M.P.E.P. Section 2173.05(n), Specific Topics Related to Issues Under 35 U.S.C.
If a rejection on multiplicity is in order the examiner should make a telephone call explaining that the claims are unduly multiplied and will be rejected on that ground. Note MPEP Section 408. The examiner should request selection of a specified number of claims for purposes of examination.