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PTO/SB/25 (10-96)

Approved for use through 10/31/99. OMB 0651-0031

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

Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.

TERMINAL DISCLAIMER TO OBVIATE A PROVISIONAL DOUBLE

Docket Number (Optional)

PATENTING REJECTION OVER A PENDING SECOND APPLICATION

In re Application of:

Application No.

Filed:

For:

The 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 defined in 35 U.S.C. 154 to

156 and 173 as shortened by any terminal disclaimer filed prior to the grant of any patent granted on pending

second Application Number _________________, filed on __________________. The owner 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 second 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 owner 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 as defined in 35 U.S.C. 154

to 156 and 173 of any patent granted on the second application, as shortened by any terminal disclaimer filed

prior to the patent grant, in the event that any such granted patent: 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 cancelled 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.

For submissions on behalf of an organization (e.g., corporation, partnership, university, government agency,

etc.), the undersigned is empowered to act on behalf of the organization.

I hereby declare that all statements made herein of my own knowledge are true and that all statements made

on information and belief are believed to be true; and further that these statements were made with the knowledge that

willful false statements and the like so made are punishable by fine or imprisonment, or both, under Section 1001 of

Title 18 of the United States Code and that such willful false statements may jeopardize the validity of the application

or any patent issued thereon.

The undersigned is an attorney of record.

___________________________

_______

Signature

Date

_______________________________________

Typed or printed name

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

*Certification under 37 CFR 3.73(b) is required if terminal disclaimer is signed by the assignee (owner).

Form PTO/SB/96 may be used for making this certification. See MPEP § 324.

Burden Hour Statement: This form is estimated to take 0.2 hours to complete. Time will vary depending upon the needs of the individual case.

Any comments on the amount of time you are required to complete this form should be sent to the Chief Information Officer, Patent and Trademark

Office, Washington, DC 20231. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Assistant Commissioner for

Patents, Washington, DC 20231.

Form Pto/sb/25 - Terminal Disclaimer To Obviate A Provisional Double Patenting Rejection Over A Pending Second Application - U.s. Department Of Commerce

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