How does an examiner determine if an application may qualify as a continuation-in-part?

Patent examiners use specific criteria to determine if an application may qualify as a continuation-in-part (CIP). According to MPEP ¶ 2.06, an examiner should consider the following:

• The application repeats a substantial portion of a prior application.
• The application adds disclosure not presented in the prior application.
• The application names the inventor or at least one joint inventor named in the prior application.

The MPEP states: Because this application names the inventor or at least one joint inventor named in the prior application, it may constitute a continuation-in-part of the prior application. However, examiners are advised to use this determination cautiously: This form paragraph should only be used if it appears that the application may qualify as a continuation-in-part, but no benefit claim has been properly established.