[Patentpractice] status identifier "withdrawn"?

[Carl Oppedahl]

When exactly am I required to use the status identifier "withdrawn"?

I was taught, years ago, that it was up to me when if ever I would use 
that status identifier.

Suppose there was a restriction between three independent claims 1, 2, 
and 3 and suppose I elect claim 2.

What I was taught was, I was not required to use a status identifier of 
"withdrawn" for claim 1 until I was good and ready.

Eventually maybe the time would come that claim 2 gets allowed, and 
maybe the client would be prepared to suck it up and get a patent with 
only claim 2.  If so, then I would cancel claim 1 and next thing you 
know I would get a notice of allowance.

Just now I have the following sequence of events (claim numbers changed 
to protect the innocent).

  * Independent claims 1, 2, 3 filed.
  * Examiner calls on the phone, restricts saying there are three
    inventions.
  * On the phone I elect claim 2.
  * Examiner mails an Office Action, memorializing the election and
    rejecting claim 2.
  * I file a response to the Office Action.  Claims 1 and 3 have status
    identifier "original".  Claim 2 has status identifier "presently
    amended".
  * Examiner mails a notice of non-compliant amendment, saying that I
    should have used status identifier "withdrawn" for claims 1 and 3.

Question.  Is this the Examiner busting my chops with a made-up rule?  
Or is it really true that my hands are tied and I had no choice but to 
give a status of "withdrawn" for claims 1 and 3?

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