Appeal No. 96-3571
Application No. 29/021,754
A properly filed terminal disclaimer would overcome
this new ground of rejection on obviousness-type double
patenting.
Accordingly, the decision of the examiner rejecting
the design claim under 35 U.S.C. § 103 is reversed, and a new
rejection of the design claim has been made on the ground of
obviousness-type double patenting pursuant to the provisions
of 37 CFR § 1.196(b).
Any request for reconsideration or modification of
this decision by the Board of Patent Appeals and Interferences
based upon the same record must be filed within one month from
the date of the decision 37 CFR § 1.197. Should appellant
elect to have further prosecution before the examiner in
response to the new rejection under 37 CFR § 1.196(b) by way
of showing of facts not previously of record, a shortened
statutory period for making such response is hereby set to
expire two months from the date of this decision.
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