After Election Without Traverse
Ninth Edition of the MPEP, Revision 10.2019, Last Revised in June 2020
Previous: §821.01 | Next: §821.03
821.02 After Election Without Traverse [R-07.2015]
Where the initial requirement is not traversed (either expressly or by virtue of an incomplete reply), the examiner should take appropriate action on the elected claims including determining whether the restriction requirement should be withdrawn in whole or in part. See MPEP § 821.04. Form paragraphs 8.25.01 or 8.25.02 should be used by the examiner to acknowledge the election without traverse.
¶ 8.25.01 Election Without Traverse
Applicant’s election without traverse of  in the reply filed on  is acknowledged.
¶ 8.25.02 Election Without Traverse Based on Incomplete Reply
Applicant’s election of  in the reply filed on  is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims to the nonelected invention should be treated by using form paragraph 8.06.
¶ 8.06 Claims Stand Withdrawn Without Traverse
Claim  withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected , there being no allowable generic or linking claim. Election was made without traverse in the reply filed on .
In bracket 2, insert --invention--, or --species--.
This form paragraph will show that applicant has not retained the right to petition from the requirement under 37 CFR 1.144.
When applicant has not retained the right to petition the restriction requirement and the application is otherwise ready for allowance, the claims to the nonelected invention, except for claims directed to nonelected species and nonelected inventions eligible for rejoinder, may be canceled by an examiner’s amendment, and the application passed to issue.
The examiner should use form paragraph 8.07 in this situation.
See also MPEP § 821.01 and § 821.04 et seq.
¶ 8.07 Ready for Allowance, Non-elected Claims Withdrawn Without Traverse
This application is in condition for allowance except for the presence of claim  directed to  nonelected without traverse. Accordingly, claim  been canceled.
In bracket 2, insert --an invention--, --inventions--, --a species--, or --species--.
Note that even if an election was made without traverse, claims directed to nonelected species and nonelected inventions that are eligible for rejoinder should be rejoined; if not rejoined, such claims may only be cancelled by examiner’s amendment when the cancellation is expressly authorized by applicant.