restriction

restriction.

1. A limitation or qualification.

2. A limitation (esp. in a deed) placed on the use or enjoyment of property. See restrictive covenant under COVENANT(4). [Cases: Covenants 49–52, 69.]

3. Military law. A deprivation of liberty involving moral and legal, rather than physical, restraint. • A military restriction is imposed as punishment either by a commanding officer’s nonjudicial punishment or by a summary, special, or general court-martial. Restriction is a lesser restraint because it permits the restricted person to perform full military duties. See nonjudicial punishment under PUNISHMENT. [Cases: Military Justice 526, 1322.

1. C.J.S. Military Justice §§ 28–30.]

restriction in lieu of arrest. A restriction in which a person is ordered to stay within specific geographical limits, such as a base or a ship, and is permitted to perform full military duties. [Cases: Military Justice 935. 1.]

4. Patents. A patent examiner’s ruling that a patent application comprises two or more patentably distinct or independent inventions; the requirement that the applicant elect one invention to continue prosecuting under the original application by abandoning some of the original claims. • The applicant may defend the claims by traversing the requirement, abandon any nonelected invention, or continue prosecuting any nonelected invention under a separate divisional application.

— Also termed requirement for restriction; requirement for division; restriction requirement; division. Cf. OBJECTION(2); REJECTION (4). [Cases: Patents 120.]


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