¶ 14.27.011 Lacks 37 CFR 1.321(d) statement for joint research agreement under 35 U.S.C. 103(c)(2)&(3)
It does not include the waiver and enforceability provisions of 37 CFR 1.321 (d). The terminal disclaimer must include a provision:
(1) waiving the right to separately enforce (a) any patent granted on that application or the patent being reexamined and (b) the reference patent, or any patent granted on the reference application which formed the basis of the double patenting; and
(2) agreeing that any patent granted on that application or patent being reexamined shall be enforceable only for and during such period that said patent and the reference patent, or any patent granted on the reference application, which formed the basis for the double patenting are not separately enforced.
See 37 CFR 1.321 (d)(3).
Examiner Note:
This form paragraph MUST be preceded by form paragraphs 14.24 or 14.25 AND 14.26, and this paragraph should be followed by either form paragraph 14.27.07 or form paragraph 14.27.08.