Appeal No. 1995-4122 Application No. 08/067,647 application to the examiner to determine whether the newly introduced terminal disclaimer overcomes the obviousness-type double patenting rejection in question. In summary, we deny appellant’s request for rehearing and remand this application to the examiner for appropriate action consistent with the above instruction. No time period for taking any subsequent action in connection with this appeal may be extended under 37 CFR § 1.136(a). REQUEST DENIED/REMANDED JOHN D. SMITH ) Administrative Patent Judge ) ) ) ) ) BOARD OF PATENT CHUNG K. PAK ) APPEALS 3Page: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007