How should an examiner present species from which an applicant may elect?

When presenting species for election, an examiner should follow specific guidelines as outlined in MPEP 809.02(a):

“The species are preferably identified as the species of figures 1, 2, and 3 or the species of examples I, II, and III, respectively. In the absence of distinct figures or examples to identify the several species, the mechanical means, the particular material, or other distinguishing characteristic of the species should be stated for each species identified.”

This approach ensures clarity and specificity in the election requirement, allowing the applicant to make an informed choice among the presented species.

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Tags: Election Of Species, Mpep Guidelines, Patent Examiner, species identification