Manual of Patent Examining Procedure - MPEP

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800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting

806.03 Single Embodiment, Claims Defining Same Essential Features

Where the claims of an application define the same essential characteristics of a single disclosed embodiment of an invention, restriction therebetween should never be required. This is because the claims are not directed to distinct inventions; rather they are different definitions of the same disclosed subject matter, varying in breadth or scope of definition.

Where such claims are voluntarily presented in different applications having at least one common inventor or a common assignee (i.e., no restriction requirement was made by the Office) , disclosing the same embodiments, see MPEP § 804 - § 804.02.

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