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811.02 *>New Requirement< After Compliance With Preceding Requirement [R-3] - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
811.02 *>New Requirement< After Compliance With Preceding Requirement [R-3]
Since 37 CFR 1.142(a) provides that restriction is proper at any stage of prosecution up to final action, a second requirement may be made when it becomes proper, even though there was a prior requirement with which applicant complied. Ex parte Benke, 1904 C.D. 63, 108 O.G. 1588 (Comm'r Pat. 1904).
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