Do I need to resubmit prior art cited in a parent application when filing a continuing application?
Generally, it is not necessary to resubmit prior art cited by the examiner in a parent application when filing a continuing application that claims benefit under 35 U.S.C. 120. The MPEP states:
“The examiner of the continuing application will consider information which has been considered by the Office in the parent application.”
However, if you want the information to be printed on the patent issuing from the continuing application, you should resubmit it. For international applications that designated the U.S., you must submit an information disclosure statement in the continuing application to ensure the examiner considers the documents cited in the international search report and/or international preliminary examination report.
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