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Manual of Patent Examining Procedure - MPEP800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting806.04(i) Generic Claims Presented After Issue of SpeciesIf a generic claim is presented after the issuance of a patent claiming one or more species within the scope of the generic claim , the Office may reject the generic claim on the grounds of obviousness-type double patenting when the patent and application have at least once common inventor and/or are either (1) commonly assigned/owned or (2) non-commonly assigned/owned but subject to a joint research agreement as set forth in 35 U.S.C. 103(c)(2) and (3). See MPEP § 804. Applicant may overcome such a rejection by filing a terminal disclaimer. See In re Goodman, 11 F.3d 1046, 1053, 29 USPQ2d 2010, 2016 (Fed. Cir. 1993); In re Braithwaite, 379 F.2d 594, 154 USPQ 29 (CCPA 1967). |