What does it mean for species to be patentably distinct from each other?
For species to be patentably distinct from each other, they must have unique characteristics that are not obvious variations of one another. The Manual of Patent Examining Procedure (MPEP) states:
“In making a requirement for restriction in an application claiming plural species, the examiner should group together species considered clearly unpatentable over each other.”
This means that species that are not clearly unpatentable over each other are considered patentably distinct. Patentably distinct species have differences that would not be obvious to a person skilled in the art and would require separate searches and considerations during examination.
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