Appeal No. 2001-1371
Application No. 09/120,712
disclaimer in an attempt to obviate the obviousness-type double
patenting rejection. While a timely filed terminal disclaimer in
compliance with 37 CFR § 1.321(c) may be effective in overcoming
an obviousness-type double patenting rejection, the review of the
appropriateness of any such terminal disclaimer lies within the
jurisdiction of the Examiner.
In response to Appellants’ request, we have reviewed our
original decision and find no errors therein, nor, as discussed
above, have Appellants alleged any errors exist. Accordingly, we
have granted Appellants’ request to the extent that we have
reconsidered our decision of July 31, 2003, but we deny the
request with respect to making any changes therein.
REMAND TO THE EXAMINER
As discussed supra, Appellants have included a terminal
disclaimer in their request for rehearing of the Board decision
of July 31, 2003. We hereby remand this application to the
Examiner for consideration of the terminal disclaimer and to take
any other appropriate action as necessary.
2
Page: Previous 1 2 3 4 Next
Last modified: November 3, 2007