How should an examiner identify species in a patent application?
According to MPEP 809.02, examiners should follow specific guidelines when identifying species in a patent application:
- Use figures or examples: “The species are preferably identified as the species of figures 1, 2, and 3 or the species of examples I, II, and III, respectively.”
- Provide clear descriptions: Each species should be clearly described to avoid ambiguity.
- Identify claims: “The claims embracing each species must be identified.”
- Group patentably indistinct species: If applicable, the examiner should group species that are not patentably distinct.
This approach ensures clarity and helps applicants understand which species they need to elect.
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