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806.05 Related Inventions [R-3] - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
806.05 Related Inventions [R-3]
Where two or more related inventions are * claimed, the principal question to be determined in connection with a requirement to restrict or a rejection on the ground of double patenting is whether or not the inventions as claimed are distinct. If they are distinct, restriction may be proper. If they are not distinct, restriction is never proper. If nondistinct inventions are claimed in separate applications or patents, double patenting must be held, except where the additional applications were filed consonant with a requirement to restrict**.
**>Various< pairs of related inventions are noted in the following sections. >In applications claiming inventions in different statutory categories, only one-way distinctness is generally needed to support a restriction requirement. See MPEP § 806.05(c) (combination and subcombination) and § 806.05(j) (related products or related processes) for examples of when a two-way test is required for distinctness.<