MPEP Section 818.02(a), By Originally Presented Claims
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818.02(a) By Originally Presented Claims
Where claims to another invention are properly added and entered in the application before an action is given, they are treated as original claims for purposes of restriction only.
The claims originally presented and acted upon by the Office on their merits determine the invention elected by an applicant in the application, and in any request for continued examination (RCE) which has been filed for the application. Subsequently presented claims to an invention other than that acted upon should be treated as provided in MPEP § 821.03.