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806.04(e) Claims Restricted to Species - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
806.04(e) Claims Restricted to Species
Claims are definitions of inventions. Claims are never species. Claims may be restricted to a single disclosed embodiment (i.e., a single species, and thus be designated a specific species claim), or a claim may include two or more of the disclosed embodiments within the breadth and scope of definition (and thus be designated a generic or genus claim).
Species are always the specifically different embodiments.
Species are usually but not always independent as disclosed (see MPEP § 806.04(b)) since there is usually no disclosure of relationship therebetween. The fact that a genus for two different embodiments is capable of being conceived and defined, does not affect the independence of the embodiments, where the case under consideration contains no disclosure of any commonality of operation, function or effect.
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