merits在专利中是什么意思？
下面是一段英文原文
When a final office action is issued review of the claims on the merits of the claims is “closed.” Therefore, to amend the claims after a non-final office action a Request for Continued Examination (RCE) is required. Essentially, a Request for Continued Examination reopens prosecution, allowing the patent attorney to amend the claims. If the patent attorney’s amendments and arguments overcome the current rejections when filing an amendment with an RCE (amendment under 37 CFR 1.114) the next office action issued will be a non-final office action or a notice of allowance.
However, if the amendments and arguments are not persuasive, the next office action issued will be a final office action. Because of the additional fees to amend the claims, when filing an amendment under 37 CFR 1.114 it is crucial to have an examiner interview to discuss the merits of amendments. Inventors and start-ups should understand that a typical patent prosecution process includes at least 1-2 RCE’s being required.
Merits
pl n
810 Action on the Merits [R-07.2015]
In general, in an application when only a nonfinal written requirement to restrict is made, no action on the merits is given. A 2-month shortened statutory period will be set for reply when a written restriction requirement is made without an action on the merits. This period may be extended under the provisions of 37 CFR 1.136(a). The Office action making the restriction requirement final also ordinarily includes an action on the merits of the claims of the elected invention. See 37 CFR 1.143. In those applications wherein a requirement for restriction is made via telephone and applicant makes an oral election of a single invention, the written record of the restriction requirement will be accompanied by a complete action on the merits of the elected claims. See MPEP § 812.01. The restriction requirement, should be made final as soon as reasonably possible. If the election is made with traverse, it is proper to make the restriction requirement final after consideration of the reasons for traversal. See MPEP § 821.01.
