How should a reference to a prior application be formatted in the specification?
The formatting of a reference to a prior application in the specification is crucial for proper processing. According to MPEP 211.02:
The reference to the prior application must include the following terms: ‘This application is a continuation (or division, or continuation-in-part, as appropriate) of Application No. _____, filed _____.’
Additionally, the MPEP provides guidance on including multiple prior application references:
Where the reference to a prior nonprovisional application only includes the attorney docket number, application number (series code and serial number), and filing date, in the first sentence(s) of the specification of the later filed application, OPAP will mail a ‘Notice to File Missing Parts’ indicating that a complete reference to the prior application(s) is required.
It’s important to ensure that all necessary information is included in the reference to avoid processing delays. The reference should clearly state the relationship between the applications (continuation, division, or continuation-in-part), provide the application number, and include the filing date of the prior application.
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