When should conflicting claims be moved to a single application?

Conflicting claims should be moved to a single application in the following situations:

• When two or more applications contain patentably indistinct claims filed by the same applicant or assignee.
• When the conflicting claims are due to an improper restriction requirement.

MPEP 822 states: “Wherever appropriate, such conflicting claims should be moved to a single application. This is particularly true where the two or more applications are due to, and consonant with, a requirement to restrict which the examiner now considers to be improper.”

Moving conflicting claims to a single application helps streamline the examination process, reduces redundancy, and ensures that related inventions are examined together. It’s especially important when the examiner realizes that a previous restriction requirement was improper, allowing the applicant to consolidate their claims efficiently.

To learn more:

• conflicting claims
• single application
• restriction requirement
• patent examination