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Is the Applicant still allowed to pursue claims that have been withdrawn as a result of a restriction?

6/21/2017

 
Yes, but the claims withdrawn in the restricted application need to be pursued in one or more separate patent applications.  This is true even if all claims in the restricted application ultimately wind up being rejected -- the applicant will not be allowed, after making his election and failing to persuade the Examiner that any claims were allowable, to then "switch back" (reinstate withdrawn claims directed to an unelected invention) and then try to prosecute these other claims.   One or more separate applications will be required. 

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