MPEP Q&A 146: When Can a Combination as Claimed Show that Inventions are Distinct? - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006
from 2018-06-12T14:00
Question: When can a combination as claimed show that inventions are distinct? Answer: Inventions are distinct if it can be shown that a combination as claimed: (A) does not require the particulars of the subcombination as claimed for patentability (to show novelty and unobviousness), and (B) the subcombination can be shown to have utility either by itself or in another materially different combination. When these factors cannot be shown, such inventions are not distinct. Chapter Details: The answer to this question can be found in chapter 800 of the MPEP. This chapter covers Restriction in Applications Filed Under 35 U.S.C.…
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