How does the concept of mutually exclusive species affect patent examination?
The concept of mutually exclusive species significantly impacts patent examination by potentially leading to restriction requirements. According to MPEP 806.04(f):
“Where two or more species are claimed, a requirement for restriction to a single species may be proper if the species are mutually exclusive.”
This means that during examination, if an examiner identifies mutually exclusive species in the claims, they may issue a restriction requirement. This can result in the applicant having to choose a single species for examination, potentially requiring the filing of divisional applications to pursue protection for the other species.
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