What is the difference between 37 CFR 1.53(b) and 37 CFR 1.53(d) applications regarding affidavits?

The treatment of affidavits and declarations differs between applications filed under 37 CFR 1.53(b) and those filed under 37 CFR 1.53(d):

• 37 CFR 1.53(b) applications: Affidavits and declarations from prior applications do not automatically become part of the new application.
• 37 CFR 1.53(d) applications: Affidavits and declarations filed during the prosecution of the parent nonprovisional application automatically become part of the new application.

As noted in MPEP ¶ 2.03: Do not use this form paragraph in applications filed under 37 CFR 1.53(d) since affidavits and/or declarations, such as those submitted under 37 CFR 1.130, 1.131 and 1.132 filed during the prosecution of the parent nonprovisional application automatically become a part of the 37 CFR 1.53(d) application.

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