Can a divisional application claim the benefit of the filing date of the prior application?

Yes, a divisional application can claim the benefit of the filing date of the prior application. The MPEP ¶ 2.01 states:

Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq.

To claim this benefit, the applicant must meet the requirements set forth in 35 U.S.C. 120 and 37 CFR 1.78, which include making a proper benefit claim and ensuring the divisional application is filed before the patenting or abandonment of the prior application.

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