Ned
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I have a double patenting rejection. We do not have an assignment to the cited patent and therefore cannot file a terminal disclaimer to obviate the rejection. Is there any way to get around a genus-species other than to kill the reference to prove it is non-enabling? I do not have any new elements to add to the claims.
I appreciate any thoughts anyone might have as I am stumped. of course, my clients really, really want to distinguish their invention from this patent. Thank you!
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