[Patentpractice] correcting a filing receipt for failure to properly list the priority claim

Carl Oppedahl carl at oppedahl.com
Thu Apr 4 17:29:58 UTC 2024


A listserv member asks to post anonymously ...

I request your thoughts concerning a request to correct a filing receipt 
for failure to properly list the priority claim.

Here are the facts:

PPA1 filed 12/02/21

PPA2 filed 06/14/22

PPA3 filed 10/10/22

NPA1 filed 11/23/22

CON1 filed 5/8/23

NPA1 issued 08/01/23

Filing receipt for CON1 only lists the claim to NPA1 serial number.

It does not include the claims to the PPAs.

The USPTO is telling me the petition to correct is denied because of the 
way the PPAs are recited in the ADS.

Here’s what the ADS looks like for the claim to the PPA1 (the claims to 
the other PPAs are the same):

Prior app status                    Expired

Application number              ---

Continuity type                      Claims benefit of provisional

Prior app number                 63xxxxxx

Filing date                              12/02/21

The USPTO employee is telling me the reason the benefit claim is 
improper is because there is not a number, but instead dashes, for the 
“Application number”.

Is the USTPO employee correct?

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