Can an affidavit under MPEP 715.01(a) overcome a double patenting rejection?
An affidavit filed under MPEP 715.01(a) is primarily intended to overcome prior art rejections under 35 U.S.C. 102(e). However, it’s important to note that such an affidavit may not be sufficient to overcome a double patenting rejection. The MPEP states: ‘Note that subject matter which is prior art under 35 U.S.C. 102(f) or (g) is…
Read MoreHow does a terminal disclaimer affect a divisional application?
A terminal disclaimer filed in a parent application can affect a divisional application in specific ways. According to MPEP 201.06: ‘The divisional application must be directed to subject matter described and claimed in the prior nonprovisional application.’ This means that if a terminal disclaimer was filed in the parent application, it may impact the divisional…
Read MoreWhat happens to terminal disclaimers in a divisional application?
Terminal disclaimers filed in a parent application do not automatically carry over to a divisional application. The MPEP 201.06 states: ‘A terminal disclaimer filed to obviate a nonstatutory double patenting rejection in a parent application does not carry over to a divisional application. The applicant filing the divisional application must determine whether a new terminal…
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