How does MPEP 806.01 address the issue of unduly extensive and burdensome searches?
MPEP 806.01 addresses the issue of unduly extensive and burdensome searches in the context of generic claims that encompass multiple species. The section states:
“[A] provisional election of a single species may be required where only generic claims are presented and the generic claims recite or encompass such a multiplicity of species that an unduly extensive and burdensome search is necessary.”
This provision allows examiners to manage the scope of their search when faced with overly broad generic claims. By requiring a provisional election of a single species, the examiner can focus the initial search and examination on a manageable subset of the claimed invention, thereby avoiding an unduly burdensome search process.
For more detailed information on this topic, refer to MPEP § 803.02 and MPEP § 808.01(a).
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