Manual of Patent Examining Procedure - MPEP

Table of Contents

Previous section

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

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 .

Next section