What is the significance of “intervening references” in CIP application rejections?

“Intervening references” are particularly important in the examination of Continuation-In-Part (CIP) applications. The MPEP 2133.01 states:

“[T]he examiner must consider if any reference that would qualify as prior art under pre-AIA 35 U.S.C. 102(e) as of the filing date of the CIP application would also qualify as prior art under pre-AIA 35 U.S.C. 102(b) as of the publication date of the international application.”

This means:

• Intervening references are prior art that fall between the parent application’s filing date and the CIP’s filing date.
• These references can be used to reject claims in the CIP that are not fully supported by the parent application.
• Examiners must carefully consider the publication dates of potential prior art in relation to both the parent and CIP filing dates.

Understanding intervening references is crucial for both examiners and applicants in determining the patentability of CIP claims.

To learn more:

• CIP applications
• intervening references
• prior art
• patent examination