Appeal No. 94-3255
Application 07/673,264
GRON, Administrative Patent Judge, concurring in-part with the
decision of the majority.
Introduction
Claim 55 stands provisionally rejected (1) under 35
U.S.C.
§ 101 for double patenting of Claims 51 and 52 of Application
08/030,828, filed March 12, 1993, and (2) for obviousness-type
double patenting of Claims 25-36 and 51-54 of the same
application. The official records of the U.S. Patent &
Trademark Office indicate that Application 08/030,828, filed
March 12, 1993, has been abandoned. Therefore, the appealed
provisional rejections for double patenting and obviousness-
type double patent of claims in any patent issuing from
Application 08/030828 are moot.11
11 Normally, I would not hesitate to affirm provisional
double patenting or obviousness-type double patenting
rejections
for which appellants indicate, without arguing the merits of
the rejections, that they “will file an appropriate terminal
disclaimer, if necessary, upon allowance of the claims in
either case” (Appellants’ Reply Brief, p. 8, final para.) or
“will take
appropriate action to obviate . . . when and if necessary”
(Appellants’ Supplemental Reply, p. 2, final para.).
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