What are the reasons for insisting on restriction in combination-subcombination cases?
What are the reasons for insisting on restriction in combination-subcombination cases?
According to MPEP 806.05(c), examiners must provide reasons for insisting on restriction in combination-subcombination cases. These reasons typically include:
- Separate classification: The combination and subcombination belong to different subclasses or different search areas.
- Separate status in the art: The inventions have attained recognition as separate subjects for inventive effort.
- Divergent fields of search: The search required for one invention is not required for the other.
The MPEP states: “The examiner must show by appropriate explanation one of the following: (A) Separate classification thereof… (B) A separate status in the art… (C) A different field of search.” These reasons help justify the additional burden placed on the examiner if restriction is not required.
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