Go to MPEP - Table of Contents
809.02 Generic Claim Linking Species - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
809.02 Generic Claim Linking Species
Under 37 CFR 1.141, an allowed generic claim may link a reasonable number of species embraced thereby.
The practice is stated in 37 CFR 1.146 as follows:
37 CFR 1.146 Election of species.
In the first action on an application containing a generic claim to a generic invention (genus) and claims to more than one patentably distinct species embraced thereby, the examiner may require the applicant in the reply to that action to elect a species of his or her invention to which his or her claim will be restricted if no claim to the genus is found to be allowable. However, if such application contains claims directed to more than a reasonable number of species, the examiner may require restriction of the claims to not more than a reasonable number of species before taking further action in the application.
Go to MPEP - Table of Contents