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806.05(b) Old Combination - Novel Subcombination - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting


806.05(b) Old Combination - Novel Subcombination

Restriction is ordinarily not proper between a combination (AB) that the examiner holds to be old and unpatentable and the subcombination (B) in which the examiner holds the novelty, if any, to reside. Ex parte Donnell, 1923 C.D. 54, 315 O.G. 398 (Comm'r Pat.1923). See MPEP § 820.01.

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