Patent Law

Cover Patent Law
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If the independence of the inventions be clear, such limitation will be made before any action upon the merits ; otherwise it may be made at any time before final action thereon, in the discretion of the examiner. A require- ment of division will not be repeated without the written ap- proval of a law examiner. ' After a final requirement of divi- sion, the applicant may elect to prosecute one group of claims, retaining the remaining claims in the case with the privilege of appealing from the r...equirement of division after final action by the examiner on the group of claims prosecuted." These rules are discussed by the court in the case of Stein- metz V. Allen.^'^ At that time the rule of the Patent Office forbade the inclusion in a single patent of a machine and its product, or of a machine and the process in the performance of which it was used, or of a process and its product. The petitioner had been required by the Commissioner of Patents to eliminate certain claims from his application on the ground that they should be the subject matter of a separate applica- tion.

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