Manual of Patent Examining Procedure - MPEP

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

818.02(c) By Optional Cancellation of Claims

Where applicant is claiming two or more inventions (which may be species or various types of related inventions) and as a result of action on the claims, he or she cancels the claims to one or more of such inventions, leaving claims to one invention, and such claims are acted upon by the examiner, the claimed invention thus acted upon is elected.

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