How does MPEP 806.04(b) define mutually exclusive characteristics for species?
MPEP 806.04(b) provides guidance on mutually exclusive characteristics for species. The section states:
“To support a requirement for restriction between species, the examiner must show that the species are mutually exclusive.”
Mutually exclusive characteristics are those that are not shared between species. This means that each species has at least one characteristic that is not present in the other species. For example, in a patent application for a writing instrument, a pencil and a pen would have mutually exclusive characteristics: a pencil uses lead, while a pen uses ink.
It’s important to note that the mutually exclusive characteristics must be clearly defined and supported by the application’s disclosure.
To learn more: