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806.03 Single Embodiment, Claims Defining Same Essential Features - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting


806.03 Single Embodiment, Claims Defining Same Essential Features

Where the claims of an application define the same essential characteristics of a single disclosed embodiment of an invention, restriction therebetween should never be required. This is because the claims are but different definitions of the same disclosed subject matter, varying in breadth or scope of definition.

Where such claims appear in different applications optionally filed by the same inventor, disclosing the same embodiments, see MPEP § 804 - § 804.02.

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