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809.02(e) Generic Claim Allowable in Substance - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
809.02(e) Generic Claim Allowable in Substance
Whenever a generic claim is found to be allowable in substance, even though it is objected to or rejected on merely formal grounds, action on the species claims shall thereupon be given as if the generic claim were allowed.
The treatment of the application should be as indicated in MPEP § 809.02(b), § 809.02(c), or § 809.02(d).
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