How are process and apparatus inventions considered distinct for restriction purposes?

Process and apparatus inventions can be shown to be distinct for restriction purposes if either of the following can be demonstrated:

1. The process as claimed can be practiced by another materially different apparatus or by hand, or
2. The apparatus as claimed can be used to practice another materially different process.

MPEP 806.05(e) states: Process and apparatus for its practice can be shown to be distinct inventions, if either or both of the following can be shown: (A) that the process as claimed can be practiced by another materially different apparatus or by hand; or (B) that the apparatus as claimed can be used to practice another materially different process.

The burden is on the examiner to provide reasonable examples that demonstrate material differences. If the applicant proves or provides convincing arguments that there is no material difference or that the process cannot be performed as the examiner suggested, the examiner must either provide another viable example or withdraw the restriction requirement.

To learn more:

• process invention
• apparatus invention
• distinctness
• restriction requirement
• patent examination