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820 Not an Election; Permissible Shift - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
820 Not an Election; Permissible Shift
Where the Office rejects on the ground that the process is obvious, the only invention being in the product made, presenting claims to the product is not a shift: Ex parte Trevette, 1901 C.D. 170, 97 O.G. 1173 (Comm'r Pat. 1901).
Where a product is elected, there is no shift where examiner holds invention to be in the process. Ex parte Grier, 1923 C.D. 27, 309 O.G. 223 (Comm'r Pat. 1923).
Where a genus is allowed, applicant may prosecute a reasonable number of additional species thereunder, in accordance with 37 CFR 1.141. This does not constitute a shift. Ex parte Sharp, Patent No. 2,232,739.
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