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810.01 Not Objectionable When Coupled With Requirement - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
810.01 Not Objectionable When Coupled With Requirement
A basic policy of the present examining program is that the second action on the merits should be made final whenever proper. See MPEP § 706.07(a). In those applications wherein a requirement for restriction or election is accompanied by a complete action on the merits of all the claims, such action will be considered to be an action on the merits and the next action by the examiner should be made final. When preparing a final action in an application where applicant has traversed the restriction requirement, see MPEP § 821.01.
Although an action on the merits is not necessary to a requirement, it is not objectionable. Ex parte Lantzke, 1910 C.D. 100, 156 O.G. 257 (Comm'r Pat. 1910). However, note that a question may arise as to whether there is a serious burden on the examiner.
However, except as noted in MPEP § 809 and § 812.01, if an action is given on the merits, it must be given on all claims.
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