Appeal No. 2004-1939 Application 10/120,497 claims 1 through 14, 18 through 32, and 36 through 44 would have been obvious as a matter of law under 35 U.S.C. § 103(a). We summarily affirm the grounds of rejection collectively encompassing all of appealed claims 1 through 14, 18 through 32, and 36 through 44 under the judicially created doctrine of obviousness-type double patenting because appellants have stated the intention to file “such Terminal Disclaimers will be filed once allowable subject ,matter is deemed to exist in the subject application” (brief, page 9). The examiner’s decision is affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 CFR § 1.136(a). AFFIRMED - 8 -Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007