When can an examiner require restriction to a single species?
An examiner can require restriction to a single species when multiple species are claimed and they are mutually exclusive. The MPEP 806.04(f) states:
“Where two or more species are claimed, a requirement for restriction to a single species may be proper if the species are mutually exclusive.”
This means that if the claimed species have distinct, non-overlapping characteristics, the examiner may issue a restriction requirement to limit the examination to a single species.
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