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806.05(a) Combination and Subcombination or Element - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
806.05(a) Combination and Subcombination or Element
A combination is an organization of which a subcombination or element is a part.
Relative to questions of restriction where a combination is alleged, the claim thereto must be assumed to be allowable (novel and unobvious) as pointed out in MPEP § 806.02, in the absence of a holding by the examiner to the contrary. When a claim is found in a patent, it has already been found by the Office to be allowable and must be treated on that basis.
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