| Patents > Search Colections > MPEP > 803.03(b) Transitional Application - Generic Claim Allowable [R-3] - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting |
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803.03(b) Transitional Application - Generic Claim Allowable [R-3] - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
803.03(b) Transitional Application - Generic Claim Allowable [R-3]
Whenever claims drawn to an additional species in a transitional application for which applicant paid the fee set forth in 37 CFR 1.17(s) are no longer withdrawn from consideration because they are fully embraced by an *>allowable< generic claim, applicant should be notified that he or she may request a refund of the fee paid for that additional species.
The determination of when claims to a nonelected species would no longer be withdrawn from consideration should be made as indicated in MPEP § **>806.04(d), § 821.04, and § 821.04(a)<.
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