What does electing with traverse entail?

Electing with traverse involves a situation where an applicant points out errors in the examiner’s actions or decisions during the examination of a patent application. This typically occurs in response to a restriction requirement, where the examiner asks the applicant to choose between multiple claims or inventions within the application. By electing with traverse, the applicant indicates that they do not agree with the examiner's decision to impose the restriction, while still choosing one of the claim sets for examination. This process allows the applicant to maintain a position of disagreement with the examiner's action and seeks to preserve the right to appeal that decision later on if necessary.

This approach is strategically important in patent prosecution, as it allows applicants to express their disagreement while still proceeding with the examination of at least one aspect of their inventive contributions. It keeps open the option to argue against the examiner's position in the future, preferably during an appeal, if they choose not to accept the examiner's conclusions at the present stage.