Application of Herschel T. White and Arthur W. Langer, Jr

BALDWIN, Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of claims 1-6 in appellants’ application 1 on the ground of double patenting 2 over the claims of appellants’ patent, 3 despite the filing of a terminal disclaimer 4 as to the portion of the term of any patent issued on the ap pealed application beyond the expiration date of said issued patent. No claims have been allowed.

Appellants’ patent and appealed application contain identical disclosures in the same sense as in In re Wright, 393 F.2d 1001, 55 CCPA 1106 (1968). Having been…