How does the presence of a generic claim affect restriction requirements?
The presence of a generic claim or a claim linking multiple products or multiple processes can significantly impact restriction requirements. When such claims are present, examiners must follow specific procedures outlined in the MPEP.
MPEP § 806.05(j) directs examiners to refer to other sections in such cases: “See MPEP § 809 – § 809.03 if a generic claim or claim linking multiple products or multiple processes is present.“
These sections provide guidance on how to handle restriction requirements when generic or linking claims are present, including:
- Determining the scope of examination
- Treatment of generic claims
- Handling of linking claims
- Rejoinder practices
The presence of such claims may affect the scope of the restriction requirement and the subsequent examination process, potentially allowing for broader coverage of related inventions.
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