What happens if the examiner determines that a continuation or divisional application contains new matter?
If an examiner determines that a continuation or divisional application contains new matter relative to the prior application, the following steps will occur: The examiner will notify the applicant in the next Office action. The examiner will indicate that the application should be redesignated as a continuation-in-part (CIP). According to MPEP 602.05: If the examiner…
Read MoreHow does assignment for applications claiming benefit of a provisional application compare to continuations and divisions?
The assignment process for applications claiming benefit of a provisional application is similar to that of continuations and divisions in certain circumstances: When the later application includes only subject matter from the provisional application, the assignment treatment is the same as for continuations and divisions filed under 35 U.S.C. 120. In these cases, an assignment…
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