What is a proper species election in patent applications?
A proper species election in patent applications involves the applicant selecting a single disclosed species for examination. According to MPEP 809.02(a):
“The species are preferably identified as the species of figures 1, 2, and 3 or the species of examples I, II, and III, respectively. In the absence of distinct figures or examples to identify the several species, the mechanical means, the particular material, or other distinguishing characteristic of the species should be stated for each species identified.”
The election should be specific and clearly identify the chosen species to enable focused examination.
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