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Author Topic: New declaration required if correcting priority claim  (Read 760 times)

lacerda70

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New declaration required if correcting priority claim
« on: 12-02-09 at 02:50 pm »
If a petition to correct a priority claim is filed for an application, listing several US provisional and nonprovisional applications not listed in the executed declaration, is there a need to file a substitute declaration listing these applications?  I suspect you should, but 37 CFR 1.63 only refers to the need to list "foreign applications" from which priority is claimed on the declaration.

Thanks
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lacerda70

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Re: New declaration required if correcting priority claim
« Reply #1 on: 12-07-09 at 10:43 am »
Anyone?
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DogDayPM 9er9er9er

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Re: New declaration required if correcting priority claim
« Reply #2 on: 12-07-09 at 01:13 pm »
Quote from: lacerda70 on 12-07-09 at 10:43 am
Anyone?

Stumped the panel?

I don't know the "real" answer, but do know that I would try to get the 2nd dec.  Belt and suspenders, doncha know.
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klaviernista

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Re: New declaration required if correcting priority claim
« Reply #3 on: 12-07-09 at 02:39 pm »
Quote from: DogDayPM on 12-07-09 at 01:13 pm
Quote from: lacerda70 on 12-07-09 at 10:43 am
Anyone?

Stumped the panel?

I don't know the "real" answer, but do know that I would try to get the 2nd dec.  Belt and suspenders, doncha know.

Ditto on this.  Better safe than sorry.
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