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Patents > Search Colections > MPEP > 806.04(f) **>Restriction Between< Mutually Exclusive *>Species< [R-3] - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting


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806.04(f) **>Restriction Between< Mutually Exclusive *>Species< [R-3] - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting

806.04(f) **>Restriction Between< Mutually Exclusive *>Species< [R-3]

>Where two or more species are claimed, a requirement for restriction to a single species may be proper if the species are mutually exclusive.< Claims ** to different species **>are mutually exclusive if< one claim recites limitations **>disclosed for< a first species but not * a second, while a second claim recites limitations disclosed only for the second species and not the first. This **>may also be< expressed by saying that >to require restriction between claims limited to species, the< claims ** must not overlap in scope<.

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