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Where a requirement to restrict is made and withdrawn, because it was improper, when it becomes proper at a later stage in the prosecution, restriction may again be required.
Even though inventions are grouped together in a requirement in a parent application, restriction or election among the inventions may be required in the divisional applications, if proper.
The requirement should be made by an examiner who would examine at least one of the inventions.
An examiner should not require restriction in an application if none of the claimed subject matter is classifiable in his or her Technology Center. Such an application should be transferred to a Technology Center to which at least some of the subject matter belongs.
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