What are the two main aspects of a requirement to restrict in patent applications?
According to MPEP 808, every requirement to restrict has two main aspects:
- (A) The reasons why each invention as claimed is either independent or distinct from the other(s)
- (B) The reasons why there would be a serious search and/or examination burden on the examiner if restriction is not required
The MPEP states: “Every requirement to restrict has two aspects: (A) the reasons (as distinguished from the mere statement of conclusion) why each invention as claimed is either independent or distinct from the other(s); and (B) the reasons why there would be a serious search and/or examination burden on the examiner if restriction is not required.” This emphasizes that examiners must provide specific reasons for both the independence/distinctness of inventions and the potential burden, rather than just stating conclusions.
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