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816 Give Reasons for Holding of Independence or Distinctness - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
816 Give Reasons for Holding of Independence or Distinctness
The particular reasons relied on by the examiner for holding that the inventions as claimed are either independent or distinct should be concisely stated. A mere statement of conclusion is inadequate. The reasons upon which the conclusion is based should be given.
For example, relative to combination and a subcombination thereof, the examiner should point out the reasons why he or she considers the subcombination to have utility by itself or in other combinations, and why he or she considers that the combination as claimed does not rely on the subcombination as its essential distinguishing part.
Each other relationship of claimed invention should be similarly treated and the reasons for the conclusions of distinctness of invention as claimed set forth.
The separate inventions should be identified by a grouping of the claims with a short description of the total extent of the invention claimed in each group, specifying the type or relationship of each group as by stating the group is drawn to a process, or to subcombination, or to product, etc., and should indicate the classification or separate status of each group, as for example, by class and subclass. See MPEP § 809.
Note form paragraph 8.13.
¶ 8.13 Distinctness (Heading)
The inventions are distinct, each from the other because:
Examiner Note
This form paragraph should be followed by one of form paragraphs 8.14-8.20.02 to show distinctness.
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