[Patentpractice] Species restriction

[Richard Straussman]

All,

     Looking for some guidance.  Is it proper for an examiner to issue a 
species restriction where all of the supposedly different species are 
present in the same dependent claim (as opposed to separate dependent 
claims)?

     For example, if claim 1 recites a "writing implement" and claim 2 
says, "the system of claim 1, wherein the writing implement is one of a 
pencil or a ball point pen"?    I am used to the type of species 
restriction issued involving , for example, claim 2 stating "the system 
of claim 1, wherein the writing implement is a pencil" and claim 3 
stating "the system of claim 1, wherein the writing implement is a ball 
point pen."

     NOTE:  I am not concerned with the propriety of such restrictions 
or the arguments that can be made against them (thank you David for your 
repeated guidance to the group on those points), only the specific 
situation where the supposed different species are all recited in the 
same claim.

     Thanks in advance!

         Rich

-- 
*Richard Straussman**
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