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806.04(c) Subcombination Not Generic to Combination - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
806.04(c) Subcombination Not Generic to Combination
The situation is frequently presented where two different combinations are disclosed, having a subcombination common to each. It is frequently puzzling to determine whether a claim readable on two different combinations is generic thereto.
This was recognized in Ex parte Smith, 1888 C.D. 131, 44 O.G.1183 (Comm'r Pat. 1888), where it was held that a subcombination was not generic to the different combinations in which it was used.
To exemplify, a claim that defines only the subcombination, e.g., the mechanical structure of a joint, is not a generic or genus claim to two different combinations, e.g., a doughnut cooker and an automobile transmission, each of which utilizes the same form of joint.
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