Appeal No. 2000-1518
Application 08/604,105
issued on January 20, 1998. The term of this patent is stated on
its face not to extend beyond the expiration of appellants' other
referenced prior patent of 5,493,702 issued on February 20, 1996.
We observe that the present application has a terminal disclaimer
filed and recorded as Paper No. 8, bearing a mailing receipt date
of October 2, 1998, in which a terminal disclaimer has been filed
with respect to appellants' second-mentioned but earlier patent
5,493,702. Because the term of any patent that may issue from
this application shall not extend beyond the expiration of patent
5,493,702, and because the term of appellants' other prior patent
5,711,014 shall not extend beyond the expiration of the same
earlier patent 5,493,702, any patent that may issue from the
present application would not extend beyond the expiration of
appellants' second patent 5,711,014.
In view of the foregoing, our previous decision is hereby
modified, and appellants' request is granted-in-part. Our
previous rejection of claims 1-20 under the written description
portion of 35 U.S.C. § 112, first paragraph, is hereby modified
to the extent it is now determined to apply only to claims 1-16
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