Manual of Patent Examining Procedure - MPEP

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

812 Who Should Make the Requirement

The requirement should be made by an examiner who would examine at least one of the inventions.

An examiner should not require restriction in an application if none of the claimed inventions is classifiable in his or her Technology Center. Such an application should be transferred to a Technology Center wherein at least one of the claimed inventions would be examined .

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