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Full text of "USPTO Patents Application 09804625"

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PATENT 
Customer No. 22,852 
Attorney Docket No. 08702.0039-02000 



REMARKS 

Claims 24, 26, 30, 35, 38, and 42 are pending in the application. Claims 41 and 
50-54 are cancelled by this amendment. Claims 24, 26, and 30 are amended to insert 
the appropriate sequence identifiers. No new matter is added by this amendment. 

DOUBLE PATENTING REJECTION 

The Examiner has rejected claims 24, 26, 30, 35, 38, 41, and 42 on the grounds 
of nonstatutory obviousness-type double patenting over claims 1, 3, 5, 7, and 10 of U.S. 
Patent No. 5,166,058. Without acquiescing to the Examiner's reasoning, and solely to 
expedite allowance of the claims, Applicants file herewith a terminal disclaimer under 37 
C.F.R. §1.321 indicating that the '058 patent and the instant application are commonly 
owned. Applicants note that any patent issuing from this patent would expire on April 8, 
1988, well before the expiration date of the '058 patent on November 24, 2009. The 
terminal disclaimer is submitted solely to confirm that any patent issuing from this 
application will be enforceable only for and during such period that it and the '058 patent 
are commonly owned. Applicants respectfully request that, in view of the terminal 
disclaimer, the rejection of the claims as unpatentable over the '058 patent be 
withdrawn. 

REJECTION UNDER 35 U.S.C. § 112. SECOND PARAGRAPH 

The Examiner rejected claim 41 as allegedly indefinite under 35 U.S.C. § 1 12, 
second paragraph. Without acquiescing to the Examiner's reasoning, and solely to 



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PATENT 
Customer No. 22,852 
Attorney Docket No. 08702.0039-02000 



expedite allowance of the claims, Applicants have deleted claim 41, rendering this 
rejection moot. 

FORMAL MATTERS 

The Examiner stated that the application is not fully in compliance with the 
sequence rules. Particularly, the claims did not recite the appropriate sequence 
identifiers. The claims have been amended to insert these sequence identifiers. 

In view of the foregoing amendments and remarks, Applicants respectfully 
request reconsideration and reexamination of this application and the timely allowance 
of the pending claims. Please grant any extensions of time required to enter this 
response and charge any additional required fees to our deposit account 06-0916. 



Respectfully submitted, 



FINNEGAN, HENDERSON, FARABOW, 
GARRETT & DUNNER, LLP. 





Elizabeth E. Mathiesen 
Reg. No. 54,696 



Attachments: 



Terminal Disclaimer 



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