Are there any applications still processed under former 37 CFR 1.62?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, certain applications are still processed under former 37 CFR 1.62. Specifically, all continuation, divisional, and continuation-in-part (CIP) applications filed under former 37 CFR 1.62 prior to December 1, 1997, continue to be processed and examined under the procedures set forth in that regulation.

The MPEP clarifies this point: All continuation, divisional and CIP applications filed under former 37 CFR 1.62 prior to December 1, 1997, will continue to be processed and examined under the procedures set forth in former 37 CFR 1.62.

For more detailed information on the practice and procedure under former 37 CFR 1.62, the MPEP directs readers to consult MPEP § 201.06(b) in the MPEP 8th Edition, Rev. 1 (February 2003), which is available on the USPTO website.