How does an examiner determine if species are patentably distinct?
An examiner determines if species are patentably distinct by evaluating whether the species have mutually exclusive characteristics and are not obvious variants of each other. The MPEP 808.01(a) states: “In making a requirement for restriction in an application claiming plural species, the examiner should group together species considered clearly unpatentable over each other.” This means…
Read MoreHow does the examiner determine if species are patentably distinct?
Examiners determine if species are patentably distinct by evaluating their unique characteristics and search burden. The MPEP 809.02(a) states: “In making a requirement for restriction in an application claiming plural species, the examiner should group together species considered clearly unpatentable over each other.” Examiners assess whether: The species have mutually exclusive characteristics The species are…
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