Appeal No. 1996-1955
Application No. 08/392,416
1 through 10 of U.S. Patent 5,296,335 issued to Thomas et al.
on March 22, 1994.
According to appellants (Request for Rehearing, page 2),
“the Board overlooked an important point in the Board’s
decision because the [e]xaminer had already withdrawn the
[obviousness-type double patenting] rejection that the Board
affirmed.” In support of their position, appellants refer to
the examiner’s response dated June 5, 1996, Paper No. 26.
Although neither appellants’ Briefs nor the examiner’s
original Answer indicates that the obviousness-type double
patenting rejection in question was withdrawn, the examiner
did withdraw it as evidenced by the examiner’s Office action
dated June 5, 1996. In that action, the examiner stated that:
The Terminal Disclaimer is accepted and made of a
record. Accordingly, the double patenting of the
record has been withdrawn....
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