¶ 8.41    Transitional Restriction or Election of Species Requirement To Be Mailed After June 8, 1995

This application is subject to the transitional restriction provisions of Public Law 103-465, which became effective on June 8, 1995, because:

    • 1. the application was filed on or before June 8, 1995, and has an effective U.S. filing date of June 8, 1992, or earlier;
    • 2. a requirement for restriction was not made in the present or a parent application prior to April 8, 1995; and
    • 3. the examiner was not prevented from making a requirement for restriction in the present or a parent application prior to April 8, 1995, due to actions by the applicant.

The transitional restriction provisions permit applicant to have more than one independent and distinct invention examined in the same application by paying a fee for each invention in excess of one.

Final rules concerning the transition restriction provisions were published in the Federal Register at 60 FR 20195 (April 25, 1995) and in the Official Gazette at 1174 O.G. 15 (May 2, 1995). The final rules at 37 CFR 1.17(s)  include the fee amount required to be paid for each additional invention as set forth in the following requirement for restriction. See the current fee schedule for the proper amount of the fee.

Applicant must either: (1) elect the invention or inventions to be searched and examined and pay the fee set forth in 37 CFR 1.17(s)  for each independent and distinct invention in excess of one which applicant elects; or (2) file a petition under 37 CFR 1.129(b)  traversing the requirement.

Examiner Note:

1. This form paragraph should be used in all restriction or election of species requirements made in applications subject to the transition restriction provisions set forth in 37 CFR 1.129(b)  where the requirement is being mailed after June 8, 1995. The procedure is NOT applicable to any design or reissue application.