Court of Customs and Patent Appeals June 11, 1964, Patent Appeal 7188 (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.