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MPEP 803.03(b)
Transitional Application — Generic Claim Allowable

Ninth Edition of the MPEP, Revision 10.2019, Last Revised in June 2020

MPEP Chapter Index
Chapter 800: Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
803: Restriction — When Proper
803.03: Transitional Applications

Previous: §803.03(a) | Next: §803.04

803.03(b)    Transitional Application — Generic Claim Allowable [R-08.2012]

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species in a transitional application for which applicant paid the fee set forth in 37 CFR 1.17(s) are no longer withdrawn from consideration because they are fully embraced by an allowable generic claim, applicant should be notified that he or she may request a refund of the fee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The determination of when claims to a nonelected species would no longer be withdrawn from consideration should be made as indicated in MPEP § 806.04(d), § 821.04, and § 821.04(a).

Flowchart Showing Transitional Restriction Practice under 37 CFR 1.129(b)