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Businesses > Intellectual property > Restriction Req...
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Restriction Requirement

by "williammaw@[EMAIL PROTECTED] " <williammaw@[EMAIL PROTECTED] > Feb 16, 2008 at 09:04 AM

I received an office action from the USPTO to restrict an application.

One concern that I have is the possibility of double patenting
resulting from a divisional application, but I browsed through Nolo
literature and found that you are immune from double patenting
resulting from divisional applications filed on an involuntarily
basis.  It also states that it is generally very difficult to argue
against a traverse.  I only have a vague idea of the term "traverse"
but I assume if I only elect one set of claims, that is without a
traverse.

My instincts are to go with the set of claims I feel that completely
and unambiguously describes the invention, and consider filing the
others in divisional applications.

Before filing the divisional application, is it possible to argue that
the remaining two or more sets of claims that the examiner had pointed
out as distinct are not patentably distinct, I guess that would be a
traverse, and file them in the same divisional application?

Thank you in advance ...
 




 28 Posts in Topic:
Restriction Requirement
"williammaw@[EMAIL P  2008-02-16 09:04:53 
Re: Restriction Requirement
"Steve Marcus"   2008-02-16 14:15:30 
Re: Restriction Requirement
"Alun L. Palmer"  2008-02-18 17:18:52 
Re: Restriction Requirement
"Steve Marcus"   2008-02-18 13:54:16 
Re: Restriction Requirement
"Alun L. Palmer"  2008-02-18 19:13:46 
Re: Restriction Requirement
"Alun L. Palmer"  2008-02-19 08:49:12 
Re: Restriction Requirement
"Steve Marcus"   2008-02-19 05:29:41 
Re: Restriction Requirement
Tim Jackson <news@[EMA  2008-02-19 20:25:50 
Re: Restriction Requirement
"Steve Marcus"   2008-02-19 18:31:29 
Re: Restriction Requirement
Tim Jackson <news@[EMA  2008-02-19 23:50:25 
Re: Restriction Requirement
"Steve Marcus"   2008-02-20 05:29:24 
Re: Restriction Requirement
"Steve Marcus"   2008-02-19 05:22:35 
Re: Restriction Requirement
"williammaw@[EMAIL P  2008-02-16 14:20:40 
Re: Restriction Requirement
"David Kiewit"   2008-02-17 09:15:12 
Re: Restriction Requirement
"Steve Marcus"   2008-02-17 09:24:41 
Re: Restriction Requirement
"williammaw@[EMAIL P  2008-02-17 08:50:56 
Re: Restriction Requirement
"Alun L. Palmer"  2008-02-18 17:26:59 
Re: Restriction Requirement
"williammaw@[EMAIL P  2008-02-17 08:52:09 
Re: Restriction Requirement
"williammaw@[EMAIL P  2008-02-17 09:44:34 
Re: Restriction Requirement
"williammaw@[EMAIL P  2008-02-18 21:34:42 
Re: Restriction Requirement
"Steve Marcus"   2008-02-19 05:27:22 
Re: Restriction Requirement
Tim Jackson <news@[EMA  2008-02-19 20:25:46 
Re: Restriction Requirement
"williammaw@[EMAIL P  2008-02-19 05:38:20 
Re: Restriction Requirement
"Steve Marcus"   2008-02-19 18:23:14 
Re: Restriction Requirement
"williammaw@[EMAIL P  2008-02-19 17:20:17 
Re: Restriction Requirement
"Steve Marcus"   2008-02-20 05:35:16 
Re: Restriction Requirement
"williammaw@[EMAIL P  2008-02-19 17:28:04 
Re: Restriction Requirement
Francis Lorin <franlor  2008-02-20 04:52:02 

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tan12V112 Sun Nov 23 12:39:57 CST 2008.