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IN RE DINSMORE

No. 2013-1637.

757 F.3d 1343 (2014)

In re Mark T. DINSMORE and David J. Caruso.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing En Banc Denied August 27, 2014.

Attorney(s) appearing for the Case

Orlando Lopez , Burns & Levinson LLP, of Boston, Massachusetts, argued for appellants.

Coke Morgan Stewart , Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With her on the brief were Nathan K. Kelley , Deputy General Counsel for Intellectual Property Law and Solicitor, and Kristi L.R. Sawert , Associate Solicitor.

Before TARANTO, BRYSON, and HUGHES, Circuit Judges. TARANTO, Circuit Judge.

TARANTO, Circuit Judge.

Mark Dinsmore and David Caruso ("applicants"), who are the inventors named in U.S. Patent No. 7,236,568, applied to reissue the '568 patent under 35 U.S.C. § 251. During the patent's prosecution, they had recorded a terminal disclaimer in response to rejections for obviousness-type double patenting. The terminal disclaimer declares that the '568 patent "shall be enforceable only for and during such period" as it is commonly owned with...

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