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806.04(i) Generic Claims Presented for First Time After Issue of Species - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
806.04(i) Generic Claims Presented for First Time After Issue of Species
The Office no longer follows the practice of prohibiting the allowance of generic claims that are presented for the first time after the issuance of a copending application claiming plural species. Instead, the Office may reject the generic claims on the grounds of obviousness-type double patenting. Applicant may overcome such a rejection by filing a terminal disclaimer. See In re Braithwaite, 379 F.2d 594, 154 USPQ 29 (CCPA 1967).
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