How does an examiner group inventions in a restriction requirement?
When grouping inventions in a restriction requirement, examiners follow specific guidelines outlined in MPEP 817. The process involves:
- Identifying each group by Roman numeral
- Listing claims in each group
- Providing a short description of the subject matter claimed in each group
- Classifying each group
The MPEP provides form paragraphs for examiners to use when grouping inventions. For example, Form Paragraph 8.08 states:
“Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claim [1], drawn to [2], classified in [3].
II. Claim [4], drawn to [5], classified [6].”
Examiners must insert the appropriate claim numbers, descriptions, and classification information for each group. This structured approach ensures clarity and consistency in restriction requirements.
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