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.
If you submit an amendment to reference the prior application in a Continued Prosecution Application (CPA), it will not be entered by the USPTO.
The MPEP ¶ 2.34 clearly states: “The amendment filed [1] requesting that the specification be amended to refer to the present Continued Prosecution Application (CPA) as a [2] application of Application No. [3] has not been entered.”
Furthermore, the MPEP adds: “any such amendment shall be denied entry.” This means that even if you submit such an amendment, it will be rejected, and the examiner will use this form paragraph to inform you of the denial.