How are reissue oaths/declarations handled in continuation reissue applications?
The handling of reissue oaths/declarations in continuation reissue applications depends on whether the application was filed before or after September 16, 2012, and whether the oath/declaration covers the error being corrected. The MPEP provides guidance:
For applications filed on or after September 16, 2012:
If the copy of the oath or declaration from the parent reissue application does not comply with 37 CFR 1.175(f)(1), the examiner should reject the claims of the continuing (i.e., divisional or continuation) reissue application under 35 U.S.C. 251 as being based on a defective oath/declaration, and require a new oath/declaration.
For applications filed before September 16, 2012:
Even when the copy of the reissue oath/declaration from the parent covers an error being corrected in the continuation reissue application, a supplemental reissue oath/declaration pursuant to pre-AIA 37 CFR 1.175(b)(1) will be required.
In both cases, the examiner should check if the error statement in the oath/declaration covers an error being corrected in the continuation reissue application.
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