If a \"provisional\" nonstatutory obviousness-type double patenting (ODP) rejection is the only rejection remaining in the earlier filed of the two pending applications, while the later-filed application is rejectable on other grounds, the examiner should withdraw that rejection and permit the earlier-filed application to issue as a patent without a terminal disclaimer. If the ODP rejection is the only rejection remaining in the later-filed application, while the earlier-filed application is rejectable on other grounds, a terminal disclaimer must be required in the later-filed application before the rejection can be withdrawn.
If \"provisional\" ODP rejections in two applications are the only rejections remaining in those applications, the examiner should withdraw the ODP rejection in the earlier filed application thereby permitting that application to issue without need of a terminal disclaimer. A terminal disclaimer must be required in the later-filed application before the ODP rejection can be withdrawn and the application permitted to issue. If both applications are filed on the same day, the examiner should determine which application claims the base invention and which application claims the improvement (added limitations). The ODP rejection in the base application can be withdrawn without a terminal disclaimer, while the ODP rejection in the improvement application cannot be withdrawn without a terminal disclaimer.
非常感谢楼上，上述内容是从USPTO摘的，他只限定了，如果ODP rejection 发到了在先申请的专利里，而在后专利基于其他原因被驳回，则不用提terminal disclaimer 。但是这个案子是在后专利已经收到授权通知了，但是应该还没有正式缴纳相关费用。两个案子申请日只差一天。现在审查员把意见发到先申请的专利了，该怎么处理？ |
