MPEP Section 803.03(b), Transitional Application - Generic Claim Allowable

Executive summary:

This document contains Section 803.03(b) ("Transitional Application - Generic Claim Allowable") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

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803.03(b) Transitional Application - Generic Claim Allowable [R-3]

Whenever claims drawn to an additional species in a transitional application for which applicant paid the fee set forth in 37 CFR 1.17(s) are no longer withdrawn from consideration because they are fully embraced by an *>allowable< generic claim, applicant should be notified that he or she may request a refund of the fee paid for that additional species.

The determination of when claims to a nonelected species would no longer be withdrawn from consideration should be made as indicated in MPEP § **>806.04(d), § 821.04, and §  821.04(a)<.