¶ 8.14 Intermediate-Final Product
Inventions [1] and [2] are related as mutually exclusive species in an intermediate-final product relationship. Distinctness is proven for claims in this relationship if the intermediate product is useful to make other than the final product and the species are patentably distinct (MPEP § 806.05(j)). In the instant case, the intermediate product is deemed to be useful as [3] and the inventions are deemed patentably distinct because there is nothing of record to show them to be obvious variants.
Examiner Note:
1. This form paragraph is to be used when claims are presented to both an intermediate and final product (MPEP § 806.05(j)).
2. Conclude restriction requirement with form paragraph 8.21.