Claim [1] provisionally rejected on the ground of nonstatutory double patenting over claim [2] of copending Application No. [3] . This is a provisional double patenting rejection because the patentably indistinct claims have not in fact been patented. The subject matter claimed in the instant application is fully disclosed in the referenced copending application and would be covered by any patent granted on that copending application since the referenced copending application and the instant application are claiming common subject matter, as follows: [4] Furthermore, there is no apparent reason why applicant would be prevented from presenting claims corresponding to those of the instant application in the other copending application. See In re Schneller , 397 F.2d 350, 158 USPQ 210 (CCPA 1968). See also MPEP § 804 .