Ex Parte Brundage et al - Page 8


               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                                                                 




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