Comments on: Q) Restriction Requirement / Continuation Application

By: Sol

Sol — Sat, 07 Apr 2012 23:54:36 +0000

What gives you the right to petition a RR? You traversed with specific reasons when you elected. NO traversal will forefeit your right. Simple/general traversal without specific reasons will also forefeit your right.

When can you petition? When the RR is made FINAL.

§ 1.144 Petition from requirement for restriction.
After a final requirement for restriction,…..may peitition the director….

By: Kerstin

Kerstin — Sun, 18 Mar 2012 20:47:34 +0000

You are correct! You CANNOT appeal a restriction requirement, only petition is allowed for restriction requirement.

By: E

Sun, 20 Nov 2011 02:44:20 +0000

An applicant can petition only if the the applicant traverses the restriction requirement, correct?

By: maggie

maggie — Sat, 27 Aug 2011 05:51:08 +0000

got this one 8/24

By: Sarah

Sarah — Wed, 18 May 2011 20:25:40 +0000

Got this question today 5/18/11.

Exact repeat of an old 02, or 03 question. Where he files, gets restriction and elects in parent, has elected claims twice and finally rejected, then files a continuation claiming benefit but RE-adding the previously restricted claims. Examiner files ANOTHER restriction requirement, but no action on the merits yet. Most of the answers say “appeal the restriction requirement” (WRONG only petiiton). The right answer says something like, “no appeal can be made because no claims are under rejection in the continuing application and the restriction requirement is petitionable ONLY.”

By: BeNice

BeNice — Fri, 06 May 2011 03:58:59 +0000

If a final requirement for restriction is made by the examiner, applicant may file a petition under 37 CFR 1.144 for review of the restriction requirement. (MPEP § 821)

By: Overworkked

Overworkked — Thu, 28 Apr 2011 19:02:12 +0000

I may be wrong here. Actual question/answer unclear.

By: Overworkked

Overworkked — Thu, 28 Apr 2011 19:01:00 +0000

This is a repeat form old tests. Appeared on 4/27/2011.

The answer E is the important one. It says the claims are not “under rejection” (I don’t understand, but whatever) but gives the MOST important fact, that the rejection is to be PETITIONED not appealed.

By: H

Sat, 02 Apr 2011 00:17:00 +0000

I don’t think they are counted cumulatively anyways.

MPEP 804.01(E) – Even though this section is about double patenting there is a comment in paragraph E that states ” note that a restriction requirement in an earlier-filed application does not carry over to claims of a continuation application in which the examiner does not reinstate or refer to the restriction requirement in the parent application.”

By: Interen

Interen — Wed, 02 Mar 2011 21:31:32 +0000

What if this question in response 1 is asking whether the restriction can be petitioned?

In this case, the parent application had one restriction, and the continuation also got one. Are they cumulative? Can the practitioner elect/ and petition? I guess the problem is whether the restriction was traversed in the parent…..