How does an election in a parent application affect a continued prosecution application (CPA) in design applications?
In design applications, an express election made in a parent application in response to a restriction requirement generally carries over to a continued prosecution application (CPA) filed under 37 CFR 1.53(d). However, this rule does not apply to international design applications. The MPEP 819 states: “In design applications, but not international design applications, where a…
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