What is the significance of comparing claimed subject matter in patent examination?
Comparing claimed subject matter is crucial in patent examination, particularly when addressing issues of double patenting and restriction. MPEP 806.01 states:
“[I]t is the claimed subject matter that is considered and such claimed subject matter must be compared in order to determine the question of distinctness or independence.”
This comparison allows examiners to assess whether the claims in different applications or patents are distinct or independent from each other. It helps prevent the issuance of multiple patents for the same invention and ensures that each patent covers a unique and non-obvious invention.
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