How can I avoid a statutory double patenting rejection?

A statutory double patenting rejection can be avoided by:

• Amending the conflicting claims so that they are not coextensive in scope
• Canceling the conflicting claims in all pending applications (if the conflicting claims are in one or more pending applications and a patent)
• Canceling the conflicting claims in all but one of the pending applications (if the conflicting claims are in two or more pending applications)

As stated in MPEP 804.02: “A terminal disclaimer is not effective in overcoming a statutory double patenting rejection.“

To learn more:

• statutory double patenting
• patent rejection
• claim amendments
• conflicting claims