| Patents > Search Colections > MPEP > 806.04(d) Definition of a Generic Claim [R-3] - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting |
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806.04(d) Definition of a Generic Claim [R-3] - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
806.04(d) Definition of a Generic Claim [R-3]
In an application presenting three species illustrated, for example, in Figures 1, 2, and 3, respectively, a generic claim should read on each of these views; but the fact that a claim does so read is not conclusive that it is generic. It may define only an element or subcombination common to the several species.
**In general, a generic claim should *>require< no material element additional to those **>required by< the species claims, and ** each of the species >claims must require all the limitations of the generic claim<.
**Once a **>generic claim is allowable<, all of the claims drawn to species in addition to the elected species which *>require< all the limitations of the generic claim will ordinarily be * allowable >over the prior art< in view of the *>allowability< of the generic claim, since the additional species will depend thereon or otherwise *>require< all of the limitations thereof. When all or some of the claims directed to one of the species in addition to the elected species do not *>require< all the limitations of the generic claim, ** see MPEP § *>821.04(a)<.
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