Can a process claim be restricted from an apparatus claim if it can be practiced by hand?
Yes, according to MPEP 806.05(e), a process claim can be restricted from an apparatus claim if it can be practiced by hand. The MPEP states:
“A process can be shown to be distinct from an apparatus for practicing the process if: … (2) the process as claimed can be practiced by another and materially different apparatus or by hand.” (emphasis added)
This means that if an examiner can demonstrate that the claimed process can be performed manually without the need for the specific apparatus claimed, this can be grounds for a restriction requirement. However, the examiner must still provide reasons and/or examples to support this conclusion, showing how the process could realistically be performed by hand in a way that is materially different from using the claimed apparatus.
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