Appeal No. 96-3189
Application 08/396,079
case would have been for the Commissioner to refuse to issue
the application unless appellants filed a terminal disclaimer
for the term that issuance has been delayed by appellants'
action in refusing to let the application issue with the
allowed claims. In this way the public would not be harmed by
appellants' unjustified extension of the patent term.
Similarly, in my opinion, the rejection in this case could be
overcome by filing of an appropriate terminal disclaimer.
) BOARD OF PATENT
LEE E. BARRETT ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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