Precedential ARP decision sustains obviousness-type double patenting rejections on anti-harassment rationale alone
On Aug 6, 2026, an Appeals Review Panel (ARP) in Ex parte Baurin reversed a PTAB decision and reinstated the examiner’s obviousness-type double patenting (ODP) rejection solely based on the anti-harassment rationale even absent an improper extension of patent term. The application at issue (17/135,529, the ’529