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What argument must be presented in order to traverse a restriction requirement issued in a design application?

3/3/2018

 
MPEP 1504.05 specifically states:

"Clear admission on the record by the applicant that the embodiments are not patentably distinct will not overcome a requirement for restriction if the embodiments do not meet the following two requirements:

   (A) the embodiments have overall appearances with basically the same design characteristics; and
   (B) the differences between the embodiments are insufficient to patentably distinguish one design from the other.

Regarding the second requirement, without evidence, such an admission is merely a conclusory statement."

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