Linking claim questions

809: Claims that link Distinct Inventions together:

• These claims are called linking claims since they link 2 inventions that are otherwise distinct.

• If allowable, these claims can actually prevent a restriction on the application:

◦ Genus claims that link multiple species together

◦ Subcombination claims that link many combinations together. (establishing a common nexus via the claims)

809.03 Linking Claims

There are a number of situations which arise in which an application has claims to two or more properly

divisible inventions, so that a requirement to restrict the claims of the application to one would be proper,

but presented in the same case are one or more claims (generally called “linking” claims) inseparable

therefrom and thus linking together the otherwise divisible inventions.