Transitional Application — Generic Claim Allowable
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USPTO MPEP › Chapter 0800 - Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting › MPEP § 803.03(b)
Text
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are no longer withdrawn from consideration because they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longer be withdrawn from consideration should be made as indicated in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)
.
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