In response to a restriction requirement, which action can NOT be taken?

Prepare for the USPTO Patent Bar Exam with comprehensive quizzes and multiple-choice questions that include hints and thorough explanations. Enhance your understanding and confidently tackle the exam!

In the context of a restriction requirement, the action that cannot be taken is abandoning the application. When a restriction requirement is issued by the patent examiner, the applicant must respond in a specific manner concerning the multiple inventions claimed in the application.

The appropriate responses include electing one invention to be examined while either traversing the restriction (which means challenging it) or electing without traversing (agreeing with the restriction). Additionally, a provisionally elect option allows for choosing an invention while preserving the right to contest the restriction later.

Abandoning the application does not address the restriction requirement in any way. Instead, it terminates the application process without resolving the issues at hand, meaning the applicant would lose any potential patent rights related to the claims. This makes abandonment an ineffective response to a restriction requirement because it does not fulfill the obligation to respond to the examiner's request and leaves the issue unresolved.

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