What conditions must be met for the USPTO to reject a generic claim based on nonstatutory double patenting?
According to MPEP 806.04(i), the USPTO may reject a generic claim on the grounds of nonstatutory double patenting when certain conditions are met. These conditions are: The generic claim is presented in a separate application after the issuance of a patent claiming one or more species within the scope of the generic claim. The patent…
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