Manual of Patent Examining Procedure - MPEP

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800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting

803.03(a) Transitional Application - Linking Claim Allowable

Whenever divided inventions in a transitional application are rejoined because a linking claim is allowable (MPEP § 809 , § 821.04, and §  821.04(a) ) and applicant paid the fee set forth in 37 CFR 1.17(s) for the additional invention, applicant should be notified that he or she may request a refund of the fee paid for that additional invention.

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