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Manual of Patent Examining Procedure - MPEP800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting806.06 Independent InventionsInventions as claimed are independent if there is no disclosed relationship between the inventions, that is, they are unconnected in design, operation, and effect. If it can be shown that two or more inventions are independent, and if there would be a serious burden on the examiner if restriction is not required, applicant should be required to restrict the claims presented to one of such independent inventions. For example:
(A) Two different combinations, not disclosed as capable of use together, having different modes of operation, different functions and different effects are independent. An article of apparel and a locomotive bearing would be an example. A process of painting a house and a process of boring a well would be a second example. (B) Where the two inventions are process and apparatus, and the apparatus cannot be used to practice the process or any part thereof, they are independent. A specific process of molding is independent from a molding apparatus that cannot be used to practice the specific process. Form paragraph 8.20.02 may be used to restrict between independent, unrelated inventions. ¶ 8.20.02 Unrelated InventionsInventions [1] and [2] are unrelated. Inventions are unrelated if it can be shown that they are not disclosed as capable of use together, and they have different designs, modes of operation, and effects. ( MPEP § 802.01and § 806.06). In the instant case, the different inventions [3]. Examiner Note1. This form paragraph is to be used only when claims are presented to unrelated inventions, e. g., a necktie and a locomotive bearing not disclosed as capable of use together. 2. In bracket 3, insert reasons for concluding that the inventions are unrelated. 3. This form paragraph must be followed by one of form paragraphs 8.21.01, 8.21.02 or 8.21.03. |