When can a patent examiner make a restriction requirement?
A patent examiner can make a restriction requirement when two or more independent and distinct inventions are presented for examination, and a serious search and/or examination burden exists. The MPEP § 818 states:
“When two or more independent and distinct inventions are presented for examination, the examiner may make a restriction requirement if a serious search and/or examination burden exists.”
This means that if the examiner determines that the application contains multiple inventions that are sufficiently different and would require separate searches or examinations, they can issue a restriction requirement to narrow the scope of the application.
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