Wednesday, April 16, 2014

Restriction practice run amok


I have a case in front of me with a restriction requirement.  That is, in itself, not unusual.  

It's a national stage of a PCT application - a 371 application, not a bypass continuation.  So the PCT "unity of invention" rules apply. Again, not unusual.

Here's the unusual bit:  The application went through Chapter II, and the ISA - in this instance the EPO -- examined ALL OF THE CLAIMS.  Now, the US Examiner's been handed the Written Opinion, but it's apparently an "undue burden" for the Examiner to copy that into a single Official Action.


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