Appeal No. 95-0976 Application No. 07/936,558 Terminal Disclaimer(s) be filed the issuance of this application is binding upon the examiner in the absence of new references or other new grounds of rejection. Compare 37 CFR § 1.196(c). CONCLUSION The decision of the examiner refusing to allow claims 1- 14 under the judicially created doctrine of obviousness-type double patenting is affirmed. The decision of the examiner refusing to allow claim 1 under 35 U.S.C. § 112, first paragraph, is reversed. The decision of the examiner refusing to allow claims 1- 14 under 35 U.S.C. § 103 is reversed. The time period in which appellants may file a proper Terminal Disclaimer(s) as noted above is hereby set to expire TWO MONTHS FROM THE DATE OF THIS DECISION. 23Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NextLast modified: November 3, 2007