How are continuation or divisional applications filed under former 37 CFR 1.62 treated after its deletion?

The treatment of continuation or divisional applications filed under former 37 CFR 1.62 depends on the filing date of the original application:

• For applications filed on or after June 8, 1995: “A request for a continuation or divisional application filed under former 37 CFR 1.62 on or after December 1, 1997, in an application that was filed on or after June 8, 1995, will be treated as a request for continued examination (RCE) under 37 CFR 1.114.” This means these applications are now processed under the RCE procedure.
• For applications filed before June 8, 1995: Requests for continuation or divisional applications filed on or after December 1, 1997, will be treated as improper applications.

For more details on RCE procedures, refer to MPEP 706.07(h), paragraph IV.

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

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

For more information on RCE, visit: RCE.