Appeal No. 1995-3702
Application 07/787,690
expressed a willingness to file a terminal disclaimer to
obviate the rejection. As of the date of our decision, no
terminal disclaimer had been filed in the present application.
Rule § 1.197(b) governs the consideration of request for
rehearing. Inasmuch as appellants do not assert that there is
any error in or are any points that we misapprehended or
overlooked in rendering our original decision, we find no
present reason to change our original decision affirming the
rejection of all claims on appeal based upon the obviousness-
type double patenting rejection. Appellants also have
presented no reason why the terminal disclaimer was not
presented before our original decision date, especially since
appellants had basically indicated in all the various briefs
filed that they acceded to the rejection. On the other hand,
since the terminal disclaimer filed on the same date as the
request for reconsideration presents matters properly decided
by the examiner, we therefore remand the application to the
examiner for consideration of the merits of, entry and proper
processing of the terminal disclaimer.
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