Can I request simultaneous issuance for applications at different stages of prosecution?
Generally, simultaneous issuance is only granted for applications that have all reached the same stage of prosecution, specifically the allowance stage. According to MPEP 1306.02:
“Unless all the applications have reached this stage of processing, or a specific requirement of the regulations is involved (e.g., 37 CFR 1.177), a request for simultaneous issuance generally will not be granted.”
This means that all applications included in the request should have received a Notice of Allowance and Fee(s) Due (PTOL-85). Exceptions may be made in specific cases where regulations require simultaneous issuance, such as for certain divisional applications under 37 CFR 1.177.
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