How do examiners determine which claims in a CIP application are entitled to the parent application’s filing date?

Examiners must carefully analyze each claim in a Continuation-In-Part (CIP) application to determine which are entitled to the parent application’s filing date. The MPEP 2133.01 provides guidance:

“If an application is a continuation-in-part of an earlier U.S. application or international application, any claims in the new application not supported by the specification and claims of the parent application have an effective filing date equal to the filing date of the new application.”

To make this determination, examiners:

• Review each claim in the CIP application
• Compare the claim language to the disclosure in the parent application
• Assess whether the parent application provides full written description support for the claim
• Assign the parent’s filing date to claims fully supported by the parent
• Assign the CIP filing date to claims containing new matter

This process is crucial for establishing the correct prior art date for each claim, which directly impacts the examination and potential rejections.

To learn more:

• CIP applications
• claim analysis
• parent application
• filing date