MPEP Section 806.04(f), **>Restriction Between< Mutually Exclusive *>Species<

Executive summary:

This document contains one section of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Fifth Revision (August 2006). This page was last updated in July 2007. You may return to the section index to find a particular section. Alternatively, you may search the MPEP use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the MPEP in the pop-up list.

For more information on patent law, please see the Patent Section of BitLaw. For patent services, see the Beck & Tysver pages.

smblueline pictureReturn to IndexTop of PageBottom of PageBitLaw Home Pageblueline picture

Previous Section (§806.04(e)) | Next Section (§806.04(h))

806.04(f) **>Restriction Between< Mutually Exclusive *>Species<

>Where two or more species are claimed, a requirement for restriction to a single species may be proper if the species are mutually exclusive.< Claims ** to different species **>are mutually exclusive if< one claim recites limitations **>disclosed for< a first species but not * a second, while a second claim recites limitations disclosed only for the second species and not the first. This **>may also be< expressed by saying that >to require restriction between claims limited to species, the< claims ** must not overlap in scope<.

smblueline pictureReturn to IndexTop of PageBottom of PageBitLaw Home Pageblueline picture