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818.02(b) Generic Claims Only - No Election of Species [R-3] - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
818.02(b) Generic Claims Only - No Election of Species [R-3]
Where only generic claims are first presented and prosecuted in an application in which no election of a single invention has been made, and applicant later presents species claims to more than one >patentably distinct< species of the invention, **>the examiner may require applicant to elect< a single species. The practice of requiring election of species in cases with only generic claims of the unduly extensive and burdensome search type is set forth in MPEP § 808.01(a).
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