¶ 15.24.08 Provisional Double Patenting Rejection (Design-Utility)
The claim is provisionally rejected under the judicially created doctrine of double patenting as being directed to the same invention as that set forth in claim [1] of copending Application No. [2]. See In re Thorington, 418 F.2d 528,163 USPQ 644 (CCPA 1969).
This is a provisional double patenting rejection because the claims have not in fact been patented.
Examiner Note:
Form paragraph 15.23.02 should follow all "same invention" type double patenting rejections.