What is the significance of Ex parte Benke in relation to restriction requirements?
Ex parte Benke is a significant case in patent law that supports the practice of issuing multiple restriction requirements. MPEP 811.02 cites this case:
“Ex parte Benke, 1904 C.D. 63, 108 OG 1588 (Comm’r Pat. 1904).”
This case, decided by the Commissioner of Patents in 1904, established the precedent that allows patent examiners to issue new restriction requirements even after an applicant has complied with a previous one. It reinforces the principle that restriction can be proper at various stages of the prosecution process, providing examiners with the flexibility to address evolving issues in patent applications.
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