What is considered a “materially different” process or apparatus in restriction requirements?
In the context of restriction requirements between process and apparatus claims, a “materially different” process or apparatus refers to significant differences that demonstrate the distinctness of the inventions. The examiner must provide specific examples to illustrate these material differences. According to MPEP § 806.05(e):
“The burden is on the examiner to provide reasonable examples that recite material differences.”
Examples of materially different processes or apparatuses might include:
- A process that can be performed by hand without any apparatus
- An apparatus that can perform a significantly different function or process
- A process that requires specific structural elements not present in the claimed apparatus
The key is that the differences must be substantial enough to justify treating the inventions as separate for examination purposes.
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