MPEP 806.01
Compare Claimed Subject Matter

Ninth Edition of the MPEP, Revision 07.2022, Last Revised in February 2023

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806.01    Compare Claimed Subject Matter [R-07.2022]

In passing upon questions of double patenting and restriction, it is the claimed subject matter that is considered and such claimed subject matter must be compared in order to determine the question of distinctness or independence. However, a provisional election of a single species may be required where only generic claims are presented and the generic claims recite or encompass such a multiplicity of species that an unduly extensive and burdensome search is necessary. See MPEP § 803.02 and § 808.01(a).