I have an application B that the examiner has provisionally rejected under double patenting, as the application has similarities with a prior application A that I made.
The two were submitted a month apart, and I think the loss of term for B is therefore not substantial enough to warrant spending time constructing an argument to traverse the rejection.
The examiner claims (to paraphrase) that B is like A if you read "an arrival" to be the same as "a departure". If I sign a terminal disclaimer, am I opening myself up to estoppel, or can I simply submit the terminal disclaimer with no comment, thereby not admitting that "an arrival" is the same as "a departure" (I don't think they are)?
Are there any other pitfalls associated with signing and submitting terminal disclaimers? Also, what is a "timely filed" terminal disclaimer?