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non-provisional application (1) that was filed on or before September 1, 2005, (2) that has not received a first office action on the merits, (3) is classified in Class 709 (Electrical Computers and Digital Processing Systems: Multicomputer Data Transferring), and (4) is assigned to art groups 2140-2150; or (ii) they have a U. For applications that have already been filed and exceed the 25/5 limitation, if a first office action on the merits or a notification from the USPTO has not been received, the applicant can either amend the claims to comply with the 25/5 limitation, file an ESD, or file a suggested restriction requirement. The rule affects both new applications filed on and after November 1, 2007 and any application pending on November 1, 2007 that has not received a first office action on the merits prior to November 1, 2007. |
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