What are the conditions for a three-way restriction requirement in a patent application?
A three-way restriction requirement in a patent application can only be made under specific conditions. According to MPEP 806.05(i):
“Where claims to all three categories, product, process of making, and process of use, are included in a national application, a three way requirement for restriction can only be made where the process of making is distinct from the product.”
This means that for a three-way restriction to be valid, the examiner must demonstrate that the process of making is distinct from the product. If this distinction cannot be shown, a three-way restriction is not appropriate.
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