How does the USPTO define “serious burden” in the context of restriction requirements?
The USPTO defines “serious burden” in the context of restriction requirements based on several factors. According to MPEP 803, a serious burden on the examiner may be prima facie shown if the examiner shows by appropriate explanation either:
- Separate classification
- Separate status in the art
- A different field of search
The MPEP states: “Where, however, the classification is the same and the field of search is the same and there is no clear indication of separate future classification and field of search, no reasons exist for dividing among independent or related inventions.”
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