Multiplicity rejection

Q) Multiplicity

I recall the multiplicity question being related to a non-provisional App w/ one utility claim

and more than 900 claims covering small ornamental differences. Indeed, that question’s answer involved

an examiner calling the applicant by phone w/ suggestion that the applicant select a few claims for examination.

Multiplicity question – applicant has one utility claim and more than 900 claims covering small ornamental differences.

Answer is that the examiner should call the applicant and have him select a few claims for examination.

MPEP 2173.05(n), Specific Topics Related to Issues Under 35 U.S.C.

If an undue multiplicity rejection under 35 U.S.C. 112, second paragraph, is appropriate,

the examiner should contact applicant by telephone explaining that the claims are unduly multiplied

and will be rejected under 35 U.S.C. 112, second paragraph. Note MPEP § 408. The examiner should

also request that applicant select a specified number of claims for purpose of examination.