How can a serious search burden be demonstrated in a restriction requirement?

A serious search burden on the examiner can be prima facie shown through appropriate explanation of:

  • Separate classification
  • Separate status in the art
  • A different field of search

The MPEP 803 states:

“For purposes of the initial requirement, a serious search burden on the examiner may be prima facie shown by appropriate explanation of separate classification, or separate status in the art, or a different field of search as defined in MPEP § 808.02.”

These explanations provide a basis for demonstrating that searching for both inventions would require additional effort and resources, justifying the restriction requirement.

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Tags: different field of search, patent examination, Restriction Requirement, search burden, separate classification, separate status