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800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
801 Introduction
802 Basis for Practice in Statute and Rules
802.01 Meaning of "Independent" and "Distinct" [R-5]
802.02 Definition of Restriction [R-3]
803 Restriction - When Proper [R-3]
803.01 Review by Examiner with at Least Partial Signatory Authority [R-3]
803.02 Markush Claims [R-5]
803.03 Transitional Applications [R-3]
803.03(a) Transitional Application - Linking Claim Allowable [R-3]
803.03(b) Transitional Application - Generic Claim Allowable [R-3]
803.04 Nucleotide Sequences [R-3]
804 Definition of Double Patenting [R-5]
804.01 Prohibition of Double Patenting Rejections Under 35 U.S.C. 121 [R-3]
804.02 Avoiding a Double Patenting Rejection [R-3]
804.03 Commonly Owned Inventions of Different Inventive Entities ; Non-Commonly Owned Inventions Subject to a Joint Research Agreement [R-3]
804.04 Submission to Technology Center Director
805 Effect of Improper Joinder in Patent [R-3]
806 Determination of Distinctness or Independence of Claimed Inventions [R-3]
806.01 Compare Claimed Subject Matter [R-3]
806.03 Single Embodiment, Claims Defining Same Essential Features [R-3]
806.04 Genus and/or Species Inventions [R-3]
806.04(b) Species May Be Independent or Related Inventions [R-3]
806.04(d) Definition of a Generic Claim [R-3]
806.04(e) Claims Limited to Species [R-5]
806.04(f) Restriction Between Mutually Exclusive Species [R-3]
806.04(h) Species Must Be Patentably Distinct From Each Other [R-3]
806.04(i) Generic Claims Presented After Issue of Species [R-3]
806.05 Related Inventions [R-5]
806.05(a) Combination and Subcombination [R-3]
806.05(c) Criteria of Distinctness Between Combination and Subcombination [R-5]
806.05(d) Subcombinations Usable Together [R-5]
806.05(e) Process and Apparatus for Its Practice [R-5]
806.05(f) Process of Making and Product Made [R-5]
806.05(g) Apparatus and Product Made [R-3]
806.05(h) Product and Process of Using [R-3]
806.05(i) Product, Process of Making, and Process of Using [R-3]
806.05(j) Related Products; Related Processes [R-5]
806.06 Independent Inventions [R-5]
807 Patentability Report Practice Has No Effect on Restriction Practice
808 Reasons for Insisting Upon Restriction [R-3]
808.01 Reasons for Holding of Independence or Distinctness [R-3]
808.01(a) Species [R-5]
808.02 Establishing Burden [R-5]
809 Linking Claims [R-5]
809.02(a) Election of Species Required [R-3]
809.03 Restriction Between Linked Inventions [R-5]
810 Action on the Merits [R-3]
811 Time for Making Requirement [R-3]
811.02 New Requirement After Compliance With Preceding Requirement [R-3]
811.03 Repeating After Withdrawal Proper [R-3]
811.04 Proper Even Though Grouped Together in Parent Application
812 Who Should Make the Requirement [R-3]
812.01 Telephone Restriction Practice [R-3]
814 Indicate Exactly How Application Is To Be Restricted [R-3]
815 Make Requirement Complete [R-3]
817 Outline of Letter for Restriction Requirement [R-5]
818 Election and Reply [R-3]
818.01 Election Fixed by Action on Claims
818.02 Election Other Than Express
818.02(a) By Originally Presented Claims
818.02(b) Generic Claims Only - No Election of Species [R-3]
818.02(c) By Optional Cancellation of Claims
818.03 Express Election and Traverse [R-3]
818.03(a) Reply Must Be Complete
818.03(b) Must Elect, Even When Re-quirement Is Traversed [R-3]
818.03(c) Must Traverse To Preserve Right of Petition [R-3]
818.03(d) Traverse of Restriction Requirement With Linking Claims [R-3]
819 Office Generally Does Not Permit Shift [R-3]
821 Treatment of Claims Held To Be Drawn to Nonelected Inventions [R-3]
821.01 After Election With Traverse [R-3]
821.02 After Election Without Traverse [R-3]
821.03 Claims for Different Invention Added After an Office Action [R-3]
821.04 Rejoinder [R-3]
821.04(a) Rejoinder Between Product Inventions; Rejoinder Between Process Inventions [R-5]
821.04(b) Rejoinder of Process Requiring an Allowable Product [R-5]
822 Claims to Inventions That Are Not Distinct in Plural Applications of Same Inventive Entity [R-3]
822.01 Copending Before the Examiner [R-3]
823 Unity of Invention Under the Patent Cooperation Treaty [R-3]
800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
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