Exam-style questions, answered against the MPEPReviewed 9 November 2026
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Prosecution

Practice question: overcoming double patenting

Answer in brief

This question tests the difference between statutory and nonstatutory double patenting. Pick an answer before you open the explanation; the governing rule is in MPEP 804.

An original practice question written by Wysebridge in the style of the exam. It is not a released USPTO question.

The question

Claims in an application are rejected over claims of the applicant's own commonly owned patent. Which rejection can be overcome by filing a proper terminal disclaimer?

  1. A statutory ("same invention") double patenting rejection under 35 U.S.C. 101.
  2. A nonstatutory (obviousness-type) double patenting rejection.
  3. Both statutory and nonstatutory double patenting rejections.
  4. Neither; double patenting can only be overcome by appeal.
  5. Only a rejection under 35 U.S.C. 102.

Answer and explanation

Show the answer

Answer: B. A terminal disclaimer can overcome a nonstatutory double patenting rejection. It cannot overcome statutory double patenting, which bars two patents on the same invention; the remedy there is to cancel or amend the conflicting claims.

Where the rule lives

Read MPEP 804 explained on MPEP.net, then find it in the official MPEP. On test day you will search the same text, so practice locating it yourself.

Sources for this entry

  1. Manual of Patent Examining Procedure (MPEP) USPTO
    The examination manual the patent bar is tested on; open book during the exam.
  2. Wysebridge — Patent bar exam simulator Wysebridge (publisher of this site)
    Timed AM/PM practice modeled on the Prometric test center.

Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.

Continue this reading path

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How the related websites connect

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Patent Bar Practice Questions. “Practice question: overcoming double patenting.” Wysebridge Reference. Content reviewed 9 November 2026.
https://patentbarpracticequestions.com/double-patenting-question/