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806.03 Single Embodiment, Claims Defining Same Essential Features [R-3] - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
806.03 Single Embodiment, Claims Defining Same Essential Features [R-3]
Where the claims of an application define the same essential characteristics of a single disclosed embodiment of an invention, restriction therebetween should never be required. This is because the claims are *>not directed to distinct inventions; rather they are< different definitions of the same disclosed subject matter, varying in breadth or scope of definition.
Where such claims *>are voluntarily presented< in different applications **>having at least one common inventor or a common assignee (i.e., no restriction requirement was made by the Office)<, disclosing the same embodiments, see MPEP § 804 - § 804.02.
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