What happens if I submit an amendment to reference the prior application in a CPA?
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.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure