How are affidavits or declarations from a prior application handled in a continuation or divisional application?

Affidavits or declarations from a prior application do not automatically become part of a continuation or divisional application. The MPEP states: Affidavits or declarations, such as those submitted under 37 CFR 1.130, 1.131 and 1.132 filed during the prosecution of the prior nonprovisional application do not automatically become a part of a continuation or divisional application filed under 37 CFR 1.53(b). Where it is desired to rely on an earlier filed affidavit or declaration, the applicant should make such remarks of record in the 37 CFR 1.53(b) application and include a copy of the original affidavit or declaration filed in the prior nonprovisional application. This ensures that the examiner is aware of and can consider the relevant affidavits or declarations from the prior application.

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• affidavits
• declarations
• continuing application
• prior application