Appeal No. 2006-0335
Application No. 10/301,308
obviousness-type double patenting as being unpatentable over
various pending applications and prior U.S. Patents. See pages
2-4 of the final rejection mailed August 29, 2003 for the details
of these rejections. According to appellants’ statement in the
brief filed May 3, 2004 (page 4), such rejections “will be
resolved, if necessary, by terminal disclaimers, after the
various applications have been otherwise allowed.” Thus, it is
apparent that appellants have not contested the examiner’s
various obviousness-type double patenting rejections. Given that
no terminal disclaimer has been filed and no argument on the
merits made with respect to the double patenting rejections, we
summarily sustain the examiner’s rejections of claims 34 through
4
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