Application of Saul Kaye

SMITH, Judge.

This appeal is from a decision of the Board of Appeals, adhered to on reconsideration, sustaining the examiner’s rejection of claim 1 1 of appellant’s patent application. 2 The issue presented is one of double patenting and, more particularly, the determinative question involves the effect of a terminal disclaimer filed pursuant to 35 U.S.C. § 253.

Appellant discloses and claims a new sterilant which is said to be useful for inactivating or destroying all types of microorganisms, as well as larger organisms such as insects and their eggs and larvae. The claimed mixture includes…