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818.03(b) Must Elect, Even When Requirement Is Traversed - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
818.03(b) Must Elect, Even When Requirement Is Traversed
As noted in the second sentence of 37 CFR 1.143, a provisional election must be made even though the requirement is traversed.
All requirements for restriction should include form paragraph 8.22.
¶ 8.22 Requirement, Election, Mailed
Applicant is advised that the reply to this requirement to be complete must include an election of the invention to be examined even though the requirement be traversed ( 37 CFR 1.143).
Examiner Note
This form paragraph can be used in Office actions with or without an action on the merits.
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