What does it mean for species claims to “not overlap in scope”?
When species claims do not overlap in scope, it means that each claim covers a distinct embodiment of the invention without sharing limitations with other species claims. The MPEP 806.04(f) explains this concept:
“This may also be expressed by saying that to require restriction between claims limited to species, the claims must not overlap in scope.”
In practice, this means that each species claim should have unique features or characteristics that are not present in any other species claim. This non-overlapping nature is what makes the species mutually exclusive and potentially subject to a restriction requirement.
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