How does a CPA reference the prior application?

A Continued Prosecution Application (CPA) automatically references the prior application without requiring any specific amendment to the specification.

According to MPEP ¶ 2.34: “As set forth in 37 CFR 1.53(d)(7), a request for a CPA is the specific reference required by 35 U.S.C. 120 to every application assigned the application number identified in such request.”

This means that the act of filing a CPA itself serves as the reference to the prior application, eliminating the need for any additional amendments or references in the specification.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure