How should an examiner indicate restrictions in a patent application?
According to MPEP 814, an examiner must provide a clear and detailed record of the restriction requirement. The MPEP states:
“The examiner must provide a clear and detailed record of the restriction requirement to provide a clear demarcation between restricted inventions so that it can be determined whether inventions claimed in a divisional application are consonant with the restriction requirement and therefore subject to the prohibition against double patenting rejections under 35 U.S.C. 121.”
This clear record helps prevent potential double patenting issues in future divisional applications.
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