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1504.30
'J! 15.26 Identification of Prior Application(s) in
Nonprovisional Applications - Benefit ofPriority Claimed
Applicant is reminded of the following requirement:
In a continuation or divisional application (other than a
continued prosecution application filed under 37 CFR
1.53(d»), the first sentence of the specification or the application
data sheet (37 CFR 1.76) should include a refereuce
.tc the prior application(s) from which benefit of priority is
claimed. See 37 CFR 1.78. The following format is suggested:
''This is a continuation (or division) .of Application
No. , filed , now (abaudoued, pending or
U.S. Patent No. )."
1504.30 ExpeditedExamination
37 CFR 1.155. Expedited examination of design
applications
(a) The applicautmay request that the Office expedite the
examination of a. design application. To qualify for expedited
examination.
(1) The application must include drawings in compliance
with § 1.84;
(2) The applicant must have conducted a preexamination
search; and
(3) The applicant must file a request for expedited examinationincluding:
(i) The fee set forth in § 1.17(k); aud
(ii) A statement that a preexamination search was conducted.
The statement must also indicate the field of search and
include an information disclosure statement in compliance with
§ \.98.
(b) The Office will not examine.an application that is not in
condition for examination (e.g, missing basic filing feej even if
the applicant files "a request for expedited examination under this
section.
37 CPR 1.155 establishes an expedited procedure
for design applications. This expedited procedure
became effective on September 8, 2000 and is available
to all design applicants who first conduct a preliminary
examination search and file a request for
expedited treatment accompanied by the fee specified
in 37 CPR 1.l7(k). This expedited treatment is
intended to fulfill a particular need by affording rapid
design patent protection that may be especially important
where marketplace conditions are such that new
designs on articles are typically in vogue for limited
periods of time.
A design application may qualify for expedited
examination provided the following requirements are
met:
(A) A request for expedited examination is filed
(Form PTO/SB/27 may be used);
August 2001
MANUAL OF PATENT EXAMINING PROCEDURE
1500-48
(B) The design application is complete and it
includes drawings in compliance with 37 CPR 1.84
(see 37 CPR 1.154 and MPEP § 1503 concerning the
requirements for a complete design application);
(C) A statement is filed indicating that a preexamination
search was conducted (a search made by a foreign
patent office satisfies this requirement). The
statement must also include a list of the field of search
such as by U.S. Class and Subclass (including domestic
patent documents, foreign patent documents and
nonpatent literature);
(D) An information disclosure statement in compliance
with 37 CFR 1.98 is filed;
(E) The basic design application filing fee set
forth in 37 CFR 1.16(f}is paid; and
(F) The fee for expedited examination set forth in
37 CPR 1.17(k) is paid.
EXPEDITED EXAMINATION PROCEDURE
Design applications requesting expedited examination
and complying with the requirements of 37 CPR
1.155 are examined with priority and undergo expedited
processing throughout the entire course of prosecution
in the Office, including appeal, if any, to the
Board of Patent Appeals and Interferences. All processing
is expedited from the date the request is
granted.
Design applicants seeking expedited examination
may file a design application in the Office together
with a corresponding request under 37 CFR 1.155 by
hand-delivering the application papers and the request
directly to the Design Technology Center (TC) Director's
office. For applicants who choose to file a design
application and the corresponding request under 37
CPR 1.155 by mail, the envelope should be addressed
to:
Box Expedited Design
Comririssionerfor Patents
Washington, D.C. 20231
Box Expedited Design should only be used for the
initial filing of design applications accompanied by a
corresponding request. for expedited examination
under 37 CPR 1.155. Box Expedited Design should
NOT be used for a request under 37 CFR 1.155 filed
subsequent to the filing of the corresponding design