How does the USPTO handle species claims when a generic claim is allowed?
When a generic claim is allowed, the USPTO has specific guidelines for handling species claims. According to MPEP 806.04:
“If a generic claim is allowed, the examiner must determine whether the claims to the nonelected species would be allowable if presented in a separate application.”
This means that even if a species claim was not initially examined, it may still be considered for allowance if it depends from or otherwise requires all the limitations of an allowed generic claim. The examiner must evaluate each species claim individually to determine its patentability.
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