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.][Blacks Law 8th]