MPEP § 806.06
Inventions as claimed are independent if there is no disclosed relationship between the inventions, that is, they are unconnected in design, operation, and effect. If it can be shown that two or more inventions are independent, and if there would be a serious search and/or examination burden on the examiner if restriction is not required, applicant should be required to restrict the claims presented to one of such independent inventions. For example:
Form paragraph 8.20.02 may be used to restrict between independent, unrelated inventions. Form paragraph 8.20.03 may be used to restrict between an unrelated product and process.
Inventions [1] and [2] are unrelated. Inventions are unrelated if it can be shown that they are not disclosed as capable of use together, and they have different designs, modes of operation, and effects. (MPEP § 802.01 and MPEP § 806.06). In the instant case, the different inventions [3] .
1. This form paragraph is to be used only when claims are presented to unrelated inventions, e. g., a necktie and a locomotive bearing not disclosed as capable of use together.
2. In bracket 3, insert reasons for concluding that the inventions are unrelated.
3. This form paragraph must be followed by form paragraph 8.21.
Inventions [1] and [2] are directed to an unrelated product and process. Product and process inventions are unrelated if it can be shown that the product cannot be used in, or made by, the process. See MPEP § 802.01 and § 806.06. In the instant case, [3] .
1. In bracket 3, insert reasons for concluding that the inventions are unrelated.
2. This form paragraph must be followed by form paragraph 8.21.