How does an examiner handle species that are not patentably distinct?
When an examiner encounters species that are not patentably distinct, they should group these species together. The MPEP 809.02(a) provides guidance: “In making a requirement for restriction in an application claiming plural species, the examiner should group together species considered clearly unpatentable over each other.” The examiner’s approach includes: Identifying species that are obvious variants…
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