What is the difference in handling affidavits between applications filed under 37 CFR 1.53(b) and 37 CFR 1.53(d)?

There is a significant difference in how affidavits are handled between applications filed under 37 CFR 1.53(b) and 37 CFR 1.53(d). According to MPEP ¶ 2.03:

“Do not use this form paragraph in applications filed under 37 CFR 1.53(d) since affidavits and/or declarations, such as those submitted under 37 CFR 1.130, 1.131 and 1.132 filed during the prosecution of the parent nonprovisional application automatically become a part of the 37 CFR 1.53(d) application.”

In summary:

• For 37 CFR 1.53(b) applications: Affidavits from prior applications must be explicitly included and referenced.
• For 37 CFR 1.53(d) applications: Affidavits from the parent nonprovisional application automatically become part of the new application.

For more information on continuation applications, visit: continuation applications.