"Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-5, drawn to a composition obtains from XXX.
II. Claims 6-10, drawn to method for preparing composition obtained from XXX.
III. Claims 10-15, drawn to a method of treatment comprising administering a composition obtained from XXX.”
The Examiner determined that the inventions are independent or distinct, each from the other.
1. Inventions I and II are related as process of making and product made. Under the MPEP §806(f), the inventions are distinct if either or both of the following can be shown: (1) that the process as claimed can be used to make another and materially different product, or (2) that the product as claimed can be made by another and materially different process. The Examiner determined the composition obtained from XXX may be made by materially different methods.
2. Inventions I and III are related as product and process of use. Under the MPEP §806.05(h), the inventions can be shown to be distinct if either or both of the following can be shown: (1) the process for using the product as claimed be practiced with another materially different product, or (2) the product as claimed can be used in a materially different of using that product. The Examiner determined the disease can be treated using other medicines.
3. Inventions II and Ill are directed to related processes. Under the MPEP §806.05(j), the related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. The Examiner determined the inventions claimed do not encompass overlapping subject matter or even obvious variants.
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