Can an application be both a continuation and a division under MPEP ¶ 2.05?

Yes, according to MPEP ¶ 2.05, an application can potentially be classified as both a continuation and a division. The MPEP states:

“Accordingly, this application may constitute a continuation or division.” (MPEP ¶ 2.05)

This dual classification possibility arises because:

• A continuation application discloses and claims only subject matter from the prior application
• A divisional application is filed as a result of a restriction requirement in the prior application
• In some cases, an application may meet both criteria

The final determination of whether the application is a continuation, division, or both will depend on the specific circumstances of the application and its relationship to the prior application. The examiner will make this determination during the examination process.

For more information on continuation application, visit: continuation application.

For more information on Divisional application, visit: Divisional application.