Terminal Disclaimer to Obviate a Provisional Double Patenting Rejection Over a Pending "Reference" Application

• Court: United States Patent and Trademark Office, Patent Trial and Appeal Board
• Legal Form Number: AIA/25
• Section: United States Patent and Trademark Office

Doc Code PTO/AIA/25 (04-13)

Approved for use through 05/31/2024. OMB 0651-0031

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE

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TERMINAL DISCLAIMER TO OBVIATE A PROVISIONAL DOUBLE PATENTING Docket Number (Optional)

REJECTION OVER A PENDING “REFERENCE” APPLICATION

In re Application of:

Application No.:

Filed:

For:

The applicant, , owner of percent interest in the instant application hereby

disclaims, except as provided below, the terminal part of the statutory term of any patent granted on the instant application which would extend

beyond the expiration date of the full statutory term of any patent granted on pending refer ence Application Number ,

filed, , as the term of any patent granted on said reference application may be shortened by any terminal disclaimer

filed prior to the grant of any patent on the pending reference application. The applicant hereby agrees that any patent so granted on the instant

application shall be enforceable only for and during such period that it and any patent granted on the reference application are commonly

owned. This agreement runs with any patent granted on the instant application and is binding upon the grantee, its successors or assigns.

In making the above disclaimer, the applicant does not disclaim the terminal part of any patent granted on the instant application that would

extend to the expiration date of the full statutory term of any patent granted on said reference application, “as the term of any patent granted on

said reference application may be shortened by any terminal disclaimer filed prior to the grant of any patent on the pending reference

application,” in the event that: any such patent granted on the pending reference application expires for failure to pay a maintenance fee, is

held unenforceable, is found invalid by a court of competent jurisdiction, is statutorily disclaimed in whole or terminally disclaimed under 37

CFR 1.321, has all claims canceled by a reexamination certificate, is reissued, or is in any manner terminated prior to the expiration of its full

statutory term as shortened by any terminal disclaimer filed prior to its grant.

Check either box 1 or 2 below, if appropriate.

1. The undersigned is the applicant. If the applicant is an assignee, the undersigned is authorized to act on behalf of the assignee

I

.

hereby acknowledge that any willful false statements made are punishable under 18 U.S.C. 1001 by fine or imprisonment of not more than

five (5) years, or both.

2. The undersigned is an attorney or agent of record. Reg. No. __________________

________________________________________________________________________ _______________________

Signature Date

________________________________________________________________________________________________

Typed or printed name

_________________________________

Title Telephone Number

Terminal disclaimer fee under 37 CFR 1.20(d) is included.

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