What happened to 37 CFR 1.62 File Wrapper Continuing Procedure?
37 CFR 1.62, which covered the File Wrapper Continuing Procedure, was deleted effective December 1, 1997. This change was announced in the Official Gazette 1203, published on October 21, 1997. The MPEP states: 37 CFR 1.62 was deleted effective December 1, 1997. See 1203 O.G. 63, October 21, 1997. This means that applications filed under…
Read MoreAre there any applications still processed under former 37 CFR 1.62?
Yes, certain applications are still processed under former 37 CFR 1.62. Specifically, all continuation, divisional, and continuation-in-part (CIP) applications filed under former 37 CFR 1.62 prior to December 1, 1997, continue to be processed and examined under the procedures set forth in that regulation. The MPEP clarifies this point: All continuation, divisional and CIP applications…
Read MoreHow are continuation-in-part (CIP) applications filed under former 37 CFR 1.62 treated?
Continuation-in-part (CIP) applications filed under former 37 CFR 1.62 on or after December 1, 1997, are treated as improper applications, regardless of the original application’s filing date. The MPEP specifically states: A request filed on or after December 1, 1997, under former 37 CFR 1.62 for a continuation-in-part (CIP) application, or for a continuation or…
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