The patent holder waives the right to apply the emergency and reference patent separately. The patent holder agrees that the emergency and reference patents are only enforceable for and during such a period that the emergency and reference patents are not applied separately. The waiver and agreement are ongoing with the emergency patent and are binding on the patent holder, successor or beneficiary of the assignment. The owner, since this is a district court proceeding, it remains to be seen whether the filing of a final disclaimer can end the legal issuance of the unreported patent to PTA. Magna Electronics` parties then grew and the issue of the ODP was not appealed to the federal circuit. We will continue to monitor this issue to see if other district courts will apply the ODP to the validity of a PTA-appropriate patent and whether the Federal Circuit will further expand the scope of the ODP to allow a doctrine created by the courts to follow the legal grant of the PTA. For a blocked disclaimer filed under 37 CFR 1.321 (c) or (d) as part of a re-identification procedure to prohibit the double refusal of a non-legal patent, the final disclaimer must be signed in accordance with 37 CFR 1.321 (a) (1). In Gilead, the patents at issue, the U.S. patent No. 5.763.483 (“the `483 patent”) and 5.952.375 (“patent 375”) to the same inventors and were generally held by Gilead, 11 The “483” patent was filed after the application for the 375 patent was filed, but it was filed first and had a later expiry date (due to its subsequent filing date).12 (The timeline is reproduced). below). The “483” patent granted in the continuation of the “375” patent application, Gilead filed a definitive disclaimer to overcome a rejection of the ODP based on the “483” patent that resulted in part of the “375” patent clause beyond the expiry date of the “483” patent (although the “483” patent had a later expiry date). 13 The application that resulted in the “375” patent was not considered part of an ODP refusal concerning the “483 patent or its underlying application.