[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
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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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