How does the doctrine of obviousness-type double patenting affect rejoinder?
The doctrine of obviousness-type double patenting can affect rejoinder in patent applications, particularly when an applicant voluntarily presents related claims in separate applications. According to MPEP 821.04:
“Where applicant voluntarily presents claims to the product and process, for example, in separate applications (i.e., no restriction requirement was made by the Office), and one of the applications issues as a patent, the remaining application may be rejected under the doctrine of obviousness-type double patenting, where appropriate (see MPEP § 804 – § 804.03).”
This means that if an applicant has related product and process claims in separate applications, and one application is granted, the other may be subject to rejection based on obviousness-type double patenting. To overcome this, the applicant may need to file a terminal disclaimer or demonstrate that the claims are patentably distinct.
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