¶ 15.23.01 35 U.S.C. 171 Provisional Double Patenting Rejection (Design-Design)
The claim is provisionally rejected under 35 U.S.C. 171 on the ground of double patenting since it is claiming the same design as that claimed in copending Application No. [1]. This is a provisional double patenting rejection since the conflicting claims have not in fact been patented.
Examiner Note:
Form paragraph 15.23.02 should follow all "same invention" type double patenting rejections.