¶ 8.02 Election of Species; No Species Claim Present
Claim [1] generic to the following disclosed patentably distinct species: [2]. The species are independent or distinct because [3]. Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, even though this requirement is traversed. Applicant is advised that a reply to this requirement must include an identification of the species that is elected consonant with this requirement, and a listing of all claims readable thereon, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141. If claims are added after the election, applicant must indicate which are readable upon the elected species. MPEP § 809.02(a).
Examiner Note:
1. This form paragraph should be used for the election of requirement described in MPEP § 803.02 (Markush group) and MPEP § 808.01(a) where only generic claims are presented.
2. In bracket 2, clearly identify the species from which an election is to be made.
3. In bracket 3, explain why the inventions are independent or distinct. See, e.g., form paragraphs 8.14.01 and 8.20.02.
4. Conclude restriction requirement with one of form paragraphs 8.21.01-8.21.03.