MPEP 818.01(b)
Election is Required, Even When Requirement Is Traversed

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in Januay 2018

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818.01(b)    Election is Required, Even When Requirement Is Traversed [R-07.2015]

As noted in the second sentence of 37 CFR 1.143, a provisional election must be made even if the requirement is traversed.

All requirements for restriction, other than those containing only an election of species, should include form paragraph 8.21. For election of species, form paragraph 8.01 or 8.02 should be used. These form paragraphs include the above notice.