MPEP Ch. 800 Flashcards
1
Q
MPEP Ch. 800
A
Restriction in Applications Filed under 25 USC 111; Double Patenting.
2
Q
Double patenting
A
claiming the same invention or an obvious variant in two separate apps. Can only be overcome by canceling the claim or claims from one app or, if commonly owned, filing a terminal disclaimer (linking the patents through their term).
3
Q
Restriction
A
If two or more independent/distinct inventions are claimed in the same app, a restriction may be issued and the applicant must elect one invention to continue to prosecute. A divisional may be pursued to claim the other invention.
