How does the examiner determine if there is a serious search burden in combination-subcombination cases?
How does the examiner determine if there is a serious search burden in combination-subcombination cases? In combination-subcombination cases, the examiner must demonstrate a serious search burden to justify a restriction requirement. According to MPEP 806.05(a): “To support a requirement for restriction between combination and subcombination inventions, both two-way distinctness and reasons for insisting on restriction…
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