Editing MPEP 202

<noinclude>{{MPEP Section|201|200|203}}</noinclude>
==[[MPEP 202|202 Cross-Noting]]== 
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===202.02 Notation in File History Regarding Prior U.S. Applications, Including Provisional Applications===

For Image File Wrapper (IFW) processing, see the 
IFW Manual.The front page of a printed patent 
identifies all prior applications for which benefits are 
claimed under 35 U.S.C. 119(e), 120, 121, or 365(c) 
in continuation-in-part, continuation, divisional, substitute, 
and reissue applications. Therefore, the identifying 
data of all prior applications for which benefits 
are claimed should be reviewed by the examiner to 
ensure that the data is accurate and provided in either 
the first sentence(s) of the specification or in an application 
data sheet. See 37 CFR 1.78(a) and MPEP 
§ 201.11. For example, the reference to a prior nonprovisional 
application must include the appropriate 
relationship (e.g., continuation, divisional, or continuation-
in-part) between the nonprovisional applications.


The front page 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 prior applications from which 
benefit was claimed in the most recent noncontinued 
prosecution application.

Where  prior application data, including provisional 
application data, is preprinted  on the PALM 
bib-data sheet , the examiner should check that data 
for accuracy, including whether the application is, in 
fact, copending with the prior nonprovisional 
application or applications for which benefit
is claimed. Similarly, the application number of any 
provisional application for which benefit is claimed 
should be printed on the PALM bib-data sheet. 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  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 PALM bib-data sheet  in the provided 
space. Should there be error in the preprinted 
prior application data, 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 scanned into the file.

The inclusion of  prior application information in 
the patent 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 prior application because the benefit of 
its filing date is not desired, no notation as to the 
prior application is made on the  PALM bib-
data sheet .

202.03Notation on File Wrapper When 
Priority Is Claimed for Foreign 
Application [R-3]

For Image File Wrapper (IFW) processing, see the 
IFW Manual. A  PALM bib-data sheet should 
include the application number, country (or intellectual 
property authority), day, month, and year of each 
foreign application that the U.S. application is claiming 
the priority of. The examiner should check 
this information for accuracy. Should there be error, 
the examiner should make the appropriate corrections 
directly  on the PALM bib-data sheet, and have the 
information corrected in the Office computer systems 
by forwarding the information  to the examiner’s 
Legal Instrument Examiner, with an explanation of 
the correction to be made. The examiner should initial 
 the PALM bib-data sheet in the “VERIFIED” 
space provided when the information is correct or has 
been amended to be correct. However, the examiner 
must still indicate on the Office action and  on the 
PALM bib-data sheet whether the conditions of 
35 
U.S.C. 119(a)-(d) or (f) have been met.

If the filing dates of several foreign applications are 
claimed (see MPEP § 201.15, last paragraph) and 
the certified copy of each foreign application has
been received , information respecting each of the 
foreign applications is to be entered  on the PALM 
bib-data sheet.

The front page of the patent when it is issued, and 
the listing in the Official Gazette, will refer to the 
claim of priority, giving the country, the filing date, 
and the number of the foreign application in those 
applications in which  the PALM bib-data sheet has 
been endorsed.

===202.04 In Oath or Declaration===

As will be noted by reference to MPEP § 201.14, 
37 CFR 1.63 requires that the oath or declaration 
must identify any foreign application for patent 
(or inventor’s certificate) for which a claim for priority 
is made pursuant to 37 CFR 1.55, and any foreign 
application having a filing date before that of the 
application on which priority is claimed, by specifying 
the application number, country, day, month, and 
year of its filing, unless such information is supplied 
on an application data sheet in accordance with 
37 CFR 1.76.