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806.02 Patentability Over the Prior Art Not Considered - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
806.02 Patentability Over the Prior Art Not Considered
For the purpose of a decision on the question of restriction, and for this purpose only, the claims are ordinarily assumed to be in proper form and patentable (novel and unobvious) over the prior art.
This assumption, of course, is not continued after the question of restriction is settled and the question of patentability of the several claims in view of prior art is taken up.
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