Piecemeal examination

From Patentbarquestions

Jump to: navigation, search

707.07(g) Piecemeal Examination

Some situations exist where examination of an application appears best accomplished by limiting action

on the claim thereof to a particular issue. These situations include the following:


(A) Where an application is too informal for a complete action on the merits. See MPEP § 702.01;

(B) Where there is an undue multiplicity of claims, and there has been no successful telephone request

for election of a limited number of claims for full examination. See MPEP § 2173.05(n);

(C) Where there is a misjoinder of inventions and there has been no successful telephone request for election.

See MPEP § 803, § *> 810<, § 812.01;

(D) Where disclosure is directed to perpetual motion. See Ex parte Payne, 1904 C.D. 42, 108 O.G. 1049

(Comm'r Pat. 1903). However, in such cases, the best prior art readily available should be cited

and its pertinency pointed out without specifically applying it to the claims.

Personal tools