¶ 8.19 Apparatus and Product Made
Inventions [1] and [2] are related as apparatus and product made. The inventions in this relationship are distinct if either or both of the following can be shown: (1) that the apparatus as claimed is not an obvious apparatus for making the product and the apparatus can be used for making a materially different product or (2) that the product as claimed can be made by another materially different apparatus (MPEP § 806.05(g)). In this case [3].
Examiner Note:
1. This form paragraph is to be used when claims are presented to both the apparatus and product made (MPEP § 806.05(g)).
2. In bracket 3, use one or more of the following reasons:
(a) --the apparatus as claimed is not an obvious apparatus for making the product and the apparatus as claimed can be used to make a different product such as......--,
(b) --the product can be made by a materially different apparatus such as......--.
3. Conclude restriction requirement with form paragraph 8.21.