Inre: Dinsmore
Court of Appeals for the Federal Circuit
1Opinion of the Court
TARANTO, Circuit Judge.
Mark Dinsmore and David Caruso (“applicants”), who are the inventors named in U.S. Patent No. 7,236,568, applied to reissue the '568 patent under 35 U.S.C. § 251. During the patent’s prosecution, they had recorded a terminal disclaimer in response to rejections for obviousness-type double patenting. The terminal disclaimer declares that the '568 patent “shall be enforceable only for and during such period” as it is commonly owned with the patent that underlay the double-patenting rejections. In their reissue application, the applicants sought to modify the recorded…
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