How should examiners handle inventions other than species in restriction requirements?
For inventions other than species, MPEP 814 provides specific guidance:
“It is necessary to read all of the claims to determine what the claims cover. When doing this, the claims directed to each separate invention should be noted along with a statement of the invention to which they are drawn.”
The MPEP further states:
“In setting forth the restriction requirement, separate inventions should be identified by a grouping of the claims with a short description of the total extent of the invention claimed in each group, specifying the type or relationship of each group as by stating the group is drawn to a process, or to a subcombination, or to a product, etc., and should indicate the classification or separate status of each group, as for example, by class and subclass.”
Examiners should ensure that every claim is accounted for, although minor errors in grouping will not affect the propriety of a final requirement if the correct disposition is clear.
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