What happens to applications filed under 37 CFR 1.62 before its deletion?

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.

The MPEP clearly states: “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.”

This means that applications filed under the File Wrapper Continuing Procedure before its deletion will be processed according to the rules that were in place at the time of filing. For more detailed information on these procedures, you can refer to the MPEP 8th Edition, Rev. 1 (February 2003), which is available on the USPTO website.

For more information on patent examination, visit: patent examination.