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| | 803.02 Restriction - Markush Claims - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting |
 | | As an example, in the case of an application with a Markush-type claim drawn to the compound C-R, wherein R is a radical selected from the group consisting of A, B, C, D, and E, the examiner may require a provisional election of a single species, CA, CB, CC, CD, or CE. |
 | | If the Markush-type claim is not allowable over the prior art, examination will be limited to the Markush-type claim and claims to the elected species, with claims drawn to species patentably distinct from the elected species held withdrawn from further consideration. |
 | | In applications containing claims of that nature, the examiner may require a provisional election of a single species prior to examination on the merits. |
| www.uspto.gov /web/offices/pac/mpep/documents/0800_803_02.htm (605 words) |
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