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202.02 Notation *>in< File *>History< Regarding Prior U.S. Applications, Including Provisional Applications [R-2] - 200 Types, Cross-Noting, and Status of Application
202.02 Notation *>in< File *>History< Regarding Prior U.S. Applications, Including Provisional Applications [R-2]
>For Image File Wrapper (IFW) processing, see the IFW Manual.< The heading of a printed patent includes all identifying parent data of continuation-in-part, continuation, divisional, substitute, and reissue applications, as well as any provisional application from which priority is claimed. Therefore, the identifying data of all parent or prior applications, when given in the specification>,< must be inserted by the examiner in black ink on the file wrapper *>or< for applications with the 09/ series >or IFW applications<, on the PALM bib-data sheet* in the case of a DIVISION, a CONTINUATION, a CONTINUATION-IN-PART and, whether given in the specification or not, in the case of a SUBSTITUTE application. >Only these terms should be used to specify the relationship between applications.< Similarly, the application number of any provisional application from which priority is claimed should be printed on the file wrapper or on the PALM bib-data sheet for 09/ series >or IFW< applications.
The heading of a printed patent issuing on a continued prosecution application (CPA) filed under 37 CFR 1.53(d) will identify the application number and filing date of the most recent noncontinued prosecution application (but not the filing date of the CPA) as well as all parent application data from which priority was claimed in the most recent noncontinued prosecution application.
Where parent or prior application data, including provisional application data, is preprinted on the file wrapper or on the PALM bib-data sheet for 09/ series >or IFW< applications, the examiner should check that data for accuracy, including whether the application is, in fact, copending with the parent nonprovisional application or applications of which priority is claimed. If applicant claims benefit under 35 U.S.C.119(e) to a prior provisional application, and states that the provisional application claims priority to earlier domestic or foreign application(s), the earlier application(s) should not be reflected on the file wrapper or PALM bib-data sheet because a provisional application is not entitled to the right of priority of any other application. See 35 U.S.C. 111(b)(7).
Where the data is correct, the examiner should initial the file wrapper or the PALM bib-data sheet **>as appropriate< in the provided space. Should there be error in the preprinted parent application data, the application should be forwarded to the Office of Initial Patent Examination (OIPE) Customer Corrections for correction or entry of the data in the PALM data base, accompanied by a completed OIPE Data Base Routing Slip. For 09/ series >or IFW< applications, it will not be necessary to forward the application to OIPE for correction of the parent application data in PALM. The correction or entry of the data in the PALM data base can be made by technical support staff of the Technology Center. Upon entry of the data, a new PALM bib-data sheet should be printed and placed in the file**>.<
>The examiner should check the< status of the parent application, but not a provisional application, >and< should **>indicate< if it has been patented*> or< abandoned**. Note MPEP § 1302.04(f). The "None" boxes must be marked when no parent or prior application information is present on the file wrappers containing such boxes. This should be done no later than the first action.
The inclusion of parent or prior application information in the heading does not necessarily indicate that the claims are entitled to the benefit of the earlier filing date.
See MPEP § 306 for work done by the Assignment Division pertaining to these particular types of applications.
In the situation in which there has been no reference to a parent application because the benefit of its filing date is not desired, no notation as to the parent application is made on the face of the file wrapper or on the PALM bib-data sheet for 09/ series >or IFW< applications.
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