How does the filing date of a CPA affect the prior application?

The filing of a Continued Prosecution Application (CPA) has significant effects on the prior application:

• The CPA is considered a request to expressly abandon the prior application as of the filing date of the CPA
• The prior application is automatically abandoned in favor of the CPA
• The filing date of the CPA is the date on which the request for the CPA is filed

As stated in the MPEP: The filing date of a continued prosecution application is the date on which a request on a separate paper for an application under this paragraph is filed. An application filed under this paragraph:… (v) Is a request to expressly abandon the prior application as of the filing date of the request for an application under this paragraph.

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