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Patrick J. Lavender
Are there any legal issues which may arise upon a successful traversal of the Examiner's restriction requirement of a design application?
Possibly. If multiple designs are held to be patentably indistinct and can be covered by a single claim, any rejection of one design over prior art will apply equally to all designs. See
Ex parte Appeal No.
315-40, 152 USPQ 71 (Bd. App. 1965).
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