Appeal No. 1998-2877
Application No. 08/567,680
upon the filing date of this application, and the filing date
of earlier applications, to overcome the rejection under the
judicially created doctrine of obviousness-type double
patenting is misplaced in view of the clear requirement of 37
CFR § 1.321(c)(3) for common ownership of any patent granted
on this application and earlier patents. In summary, a
terminal disclaimer under 37 CFR § 1.321 is required in this 2
application to overcome the judicially created double
patenting rejection.
2See MPEP § 804.02(IV).
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