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800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
801 Introduction
802 Basis for Practice in Statute and Rules
802.01 Meaning of "Independent" and "Distinct"
802.02 Definition of Restriction
803 Restriction - When Proper
803.01 Review by Examiner with at Least Partial Signatory Authority
803.02 Restriction - Markush Claims
803.03 Restriction - Transitional Applications
803.03(a) Transitional Application - Linking Claim Allowable
803.03(b) Transitional Application - Generic Claim Allowable
803.04 Restriction - Nucleotide Sequences
804 Definition of Double Patenting
804.01 Prohibition of Double Patenting Rejections Under 35 U.S.C. 121
804.02 Avoiding a Double Patenting Rejection
804.03 Treatment of Commonly Owned Cases of Different Inventive Entities
804.04 Submission to Technology Center Director
805 Effect of Improper Joinder in Patent
806 Determination of Distinctness or Independence of Claimed Inventions
806.01 Compare Claimed Subject Matter
806.02 Patentability Over the Prior Art Not Considered
806.03 Single Embodiment, Claims Defining Same Essential Features
806.04 Independent Inventions
806.04(a) Species - Genus
806.04(b) Species May Be Related Inventions
806.04(c) Subcombination Not Generic to Combination
806.04(d) Definition of a Generic Claim
806.04(e) Claims Restricted to Species
806.04(f) Claims Restricted to Species, by Mutually Exclusive Characteristics
806.04(h) Species Must Be Patentably Distinct From Each Other
806.04(i) Generic Claims Presented for First Time After Issue of Species
806.05 Related Inventions
806.05(a) Combination and Subcombination or Element
806.05(b) Old Combination - Novel Subcombination
806.05(c) Criteria of Distinctness for Combination, Subcombination, or Element of a Combination
806.05(d) Subcombinations Usable Together
806.05(e) Process and Apparatus for Its Practice - Distinctness
806.05(f) Process of Making and Product Made - Distinctness
806.05(g) Apparatus and Product Made - Distinctness
806.05(h) Product and Process of Using
806.05(i) Product, Process of Making, and Process of Using - Product Claim Not Allowable
807 Patentability Report Practice Has No Effect on Restriction Practice
808 Reasons for Insisting Upon Restriction
808.01 Independent Inventions
808.01(a) Species
808.02 Related Inventions
809 Claims Linking Distinct Inventions
809.02 Generic Claim Linking Species
809.02(a) Election Required
809.02(b) Election Required - Generic Claim Allowable
809.02(c) Action Following Election
809.02(d) No Species Claims
809.02(e) Generic Claim Allowable in Substance
809.03 Linking Claims
809.04 Retention of Claims to Non-elected Invention
810 Action on the Merits
810.01 Not Objectionable When Coupled With Requirement
810.02 Usually Deferred
810.03 Given on Elected Invention When Requirement Is Made Final
811 Time for Making Requirement
811.02 Even After Compliance With Preceding Requirement
811.03 Repeating After Withdrawal Proper
811.04 Proper Even Though Grouped Together in Parent Application
812 Who Should Make the Requirement
812.01 Telephone Restriction Practice
814 Indicate Exactly How Application Is To Be Restricted
815 Make Requirement Complete
816 Give Reasons for Holding of Independence or Distinctness
817 Outline of Letter for Restriction Requirement Between Distinct Inventions
818 Election and Reply
818.01 Election Fixed by Action on Claims
818.02 Election Other Than Express
818.02(a) By Originally Presented Claims
818.02(b) Generic Claims Only - No Election of Species
818.02(c) By Optional Cancellation of Claims
818.03 Express Election and Traverse
818.03(a) Reply Must Be Complete
818.03(b) Must Elect, Even When Requirement Is Traversed
818.03(c) Must Traverse To Preserve Right of Petition
818.03(d) Traverse of Nonallowance of Linking Claims
818.03(e) Applicant Must Make Own Election
819 Office Generally Does Not Permit Shift
819.01 Office May Waive Election and Permit Shift
820 Not an Election; Permissible Shift
820.01 Old Combination Claimed - Not an Election
820.02 Interference Issues - Not an Election
821 Treatment of Claims Held To Be Drawn to Nonelected Inventions
821.01 After Election With Traverse
821.02 After Election Without Traverse
821.03 Claims for Different Invention Added After an Office Action
821.04 Rejoinder
822 Claims to Inventions That Are Not Distinct in Plural Applications of Same Inventive Entity
822.01 Copending Before the Examiner
823 Unity of Invention Under the Patent Cooperation Treaty
800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
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