What are the potential consequences of attaching an oath or declaration to a cover letter referencing the wrong application?
The MPEP 602.08(c) warns about a serious potential consequence of misidentifying an application:
Further an oath or declaration attached to a cover letter referencing an incorrect application may not become associated with the correct application and, therefore, could result in the abandonment of the correct application.
This means that if you submit an oath or declaration with a cover letter that references the wrong application number or details, it might not be properly associated with the intended application. As a result, the correct application could be considered abandoned due to lack of a proper oath or declaration.
To avoid this issue, it’s crucial to double-check all application identifiers and ensure that cover letters, oaths, and declarations accurately reference the intended application. If you discover such an error, you should contact the USPTO promptly to rectify the situation and prevent unintended abandonment.
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