Can a species restriction be required in applications with only generic claims?
Generally, a species restriction cannot be required in applications with only generic claims. MPEP 808.01(a) states:
“In applications where only generic claims are presented, restriction cannot be required unless the generic claims recite or encompass such a multiplicity of species that an unduly extensive and burdensome search would be necessary to search the entire scope of the claim.“
This means that for applications with only generic claims, a species restriction is only permissible if the generic claims cover such a wide range of species that searching all of them would place an unreasonable burden on the examiner. In such cases, the examiner must provide a clear explanation of why the search would be unduly burdensome.
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