What is the examiner’s responsibility regarding prior art in continuation, divisional, or continuation-in-part applications?
When an application under examination is identified as a continuation, divisional, or continuation-in-part of an earlier application, the examiner has specific responsibilities regarding prior art. According to MPEP 2001.06(b):
“If the application under examination is identified as a continuation, divisional, or continuation-in-part of an earlier application, the examiner will consider the prior art properly cited in the earlier application. The examiner must indicate in the first Office action whether the prior art in a related earlier application has been reviewed.”
This practice ensures continuity in the examination process and prevents redundant citation of prior art that has already been considered in related applications.
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2001.06(B) - Information Relating To Or From Copending United States Patent Applications,
Patent Law,
Patent Procedure