Appeal No. 1998-1657 Page 6
Application No. 08/674,282
We note the following principles concerning consonance
from Symbol Technologies Inc. v. Opticon Inc., 935 F.2d 1569,
1579,
19 USPQ2d 1241, 1249 (Fed. Cir. 1991).
Consonance requires that the line of
demarcation between the "independent and
distinct inventions" that prompted the
restriction requirement be maintained.
Though the claims may be amended, they must
not be so amended as to bring them back
over the line imposed in the restriction
requirement. Where that line is crossed
the prohibition of the third sentence of
Section 121 does not apply.
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