What should patent examiners consider when evaluating possible continuation status?

Patent examiners should carefully evaluate applications that may potentially be continuations. The MPEP ¶ 2.05 provides guidance:

“This form paragraph should only be used if it appears that the application may be a continuation, but a benefit claim has not been properly established.”

Examiners should look for applications that disclose and claim only subject matter from a prior application and name at least one common inventor. If these conditions are met but a proper benefit claim is missing, examiners may use the specified form paragraph to notify the applicant of the possible continuation status and the need to establish a benefit claim if desired.