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."
"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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