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809.02(d) No Species Claims - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting


809.02(d) No Species Claims

Where only generic claims are presented, no restriction can be required except in those applications where the generic claims recite such a multiplicity of species that an unduly extensive and burdensome search is necessary. See MPEP § 808.01(a). If after an action on only generic claims with no restriction requirement, applicant presents species claims to more than one species of the invention, he or she must at that time indicate an election of a single species.

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