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species in a transitional application for which applicant paid the fee set forth in 37 CFR 1.17(s) are no longer withdrawn from consideration because they are fully embraced by an allowable generic claim, applicant should be notified that he or she may request a refund of the fee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The determination of when claims to a nonelected species would no longer be withdrawn from consideration should be made as indicated in MPEP § 806.04(d), § 821.04, and § 821.04(a) .
