In re Kase

Case Number: CLB0062

Date: 04.21.2004

Citation: 71 U.S.P.Q.2d 1063 (Director, U.S.P.T.O. 2004)

Patent examiner improperly imposed restriction requirement on new method claims in application, since examiner withdrew method claims from consideration on ground that they are directed to invention that is independent or distinct from originally examined claims, but did not offer reasons for such determination; rejoinder of new method claims with allowed, originally examined claims is appropriate, since method claims are effectively directed to process for using product claimed in originally examined claim, and include all limitations of allowed product claims.

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