Appeal No. 1996-3639
Application No. 08/076,504
A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) may be
used to overcome an actual or provisional rejection based on an obviousness type double
patenting ground provided the conflicting application or patent is shown to be commonly
owned with this application. See 37 CFR 1.78(d).
Effective January 1, 1994, a registered attorney or agent of record may sign a
terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37
CFR 3.73(b)
Claims 1-9 are provisionally rejected under the judicially created doctrine of
obviousness-type double patenting as being unpatentable over claims 1-9 of copending
Application No. 08/478,172 (which is a divisional application of the present application).
Although the conflicting claims are not identical, they are not patentably distinct from
each other because the additional claim limitation “wherein said image signature is
created from at least some portion of said image” in the claims of the noted copending
application would have been an obvious variation of the image signature of the present
claim, which would also encompass the scope of claim language in the divisional
application.
This is a provisional obviousness-type double patenting rejection because the
conflicting claims have not in fact been patented.
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