37 CFR 1.144 - Petition from requirement for restriction

Cite as37 CFR 1.144
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65 practice notes
  • Patent cases: Patent business goals; implementation,
    • United States
    • Federal Register October 05, 1998
    • October 5, 1998
    ...of the restriction requirement, the applicant would continue to have the right to request reconsideration (37 CFR 1.143) and review (37 CFR 1.144) of the restriction requirement. The only change is that an applicant's election would be a constructive election based upon the order of present......
  • Conmed Corp. v. Ludlow Corp., No. 5:00-CV-633.
    • United States
    • U.S. District Court — Northern District of New York
    • December 9, 2002
    ...Cartmell did not file a divisional application, file a new patent application or otherwise challenge the restriction requirement. See 37 C.F.R. § 1.144 ("After a final requirement for restriction, the applicant ... may petition the Commissioner to review the requirement. Petition ... must b......
  • Ex parte Prichard, Appeal 2020-001001
    • United States
    • United States Patent and Trademark Office, Patent Trial and Appeal Board
    • October 28, 2020
    ...notes (see id.), matters regarding restriction requirements are to be resolved via petition to the technology center Director. See 37 C.F.R. § 1.144; Manual of Patent Examining Procedure § 1002.02(c) ("MPEP"). Thus, we consider claim 37 withdrawn and not pending on appeal. Rejection I - 35 ......
  • Application of Weber, Appeal No. 77-622.
    • United States
    • United States Court of Customs and Patent Appeals
    • June 30, 1978
    ...from restriction. For one thing, rejections are appealable to the board and restriction requirements are not. Federico, op. cit. p. 34; 37 CFR § 1.144. On this appeal from the rejection of claims 1-6 we do not have before us a restriction requirement under § 121. Such a requirement would no......
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64 cases
  • Conmed Corp. v. Ludlow Corp., No. 5:00-CV-633.
    • United States
    • U.S. District Court — Northern District of New York
    • December 9, 2002
    ...Cartmell did not file a divisional application, file a new patent application or otherwise challenge the restriction requirement. See 37 C.F.R. § 1.144 ("After a final requirement for restriction, the applicant ... may petition the Commissioner to review the requirement. Petition ... must b......
  • Ex parte Prichard, Appeal 2020-001001
    • United States
    • United States Patent and Trademark Office, Patent Trial and Appeal Board
    • October 28, 2020
    ...notes (see id.), matters regarding restriction requirements are to be resolved via petition to the technology center Director. See 37 C.F.R. § 1.144; Manual of Patent Examining Procedure § 1002.02(c) ("MPEP"). Thus, we consider claim 37 withdrawn and not pending on appeal. Rejection I - 35 ......
  • Application of Weber, Appeal No. 77-622.
    • United States
    • United States Court of Customs and Patent Appeals
    • June 30, 1978
    ...from restriction. For one thing, rejections are appealable to the board and restriction requirements are not. Federico, op. cit. p. 34; 37 CFR § 1.144. On this appeal from the rejection of claims 1-6 we do not have before us a restriction requirement under § 121. Such a requirement would no......
  • Ex parte Gifford, Appeal 1998-0631
    • United States
    • United States Patent and Trademark Office, Patent Trial and Appeal Board
    • May 9, 2001
    ...not shown in Fig. 4" (Paper No. 15, p. 2) and noting that the claims are withdrawn from consideration. Appellant filed a Petition under 37 CFR § 1.144 (Paper No. 16) on December 5, 1994, before entry of Paper No. 15, which was lost and resubmitted by facsimile on June 20, 1995, requesting t......
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