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809 Claims Linking Distinct Inventions - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
809 Claims Linking Distinct Inventions
Where, upon examination of an application containing claims to distinct inventions, linking claims are found, restriction can nevertheless be required. See MPEP § 809.03 for definition of linking claims.
A letter including only a restriction requirement or a telephoned requirement to restrict (the latter being encouraged) will be effected, specifying which claims are considered linking. See MPEP § 812.01 for telephone practice in restriction requirements.
No art will be indicated for this type of linking claim and no rejection of these claims made.
A 1-month (not less than 30 days) shortened statutory period will be set for reply to a written requirement. Such action will not be an "action on the merits" for the purpose of the second action final program.
To be complete, a reply to a requirement made according to this section need only include a proper election.
The linking claims must be examined with the invention elected, and should any linking claim be allowed, the restriction requirement must be withdrawn. Any claim(s) directed to the nonelected invention(s), previously withdrawn from consideration, which depends from or includes all the limitations of the allowable linking claim must be rejoined and will be fully examined for patentability. Where such withdrawn claims have been canceled by applicant pursuant to the restriction requirement, upon the allowance of the linking claim(s), the examiner must notify applicant that any canceled, nonelected claim(s) which depends from or includes all the limitations of the allowable linking claim may be reinstated by submitting the claim(s) in an amendment. Upon entry of the amendment, the amended claim(s) will be fully examined for patentability.
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