I filed a continuation application through the EFS, and claimed the benefit of the parent application in the first part of the specifications, right after the title as follows:
This is a continuation of application Ser. No. ---- filed October -, 2010, which
claims the priority rights of international patent application PCT/------filed
March --,2009, and patent application Ser. No. ---- filed 2008 April 2, all
by the present inventor.
Unfortunately, I did not indicated the claiming of the rights of prior patent applications in an ADS. Consequently, in the filing receipt, there is no indication that it is a continuation application.
Is that a problem? I found somewhere that since the priority claim is written explicitly in the application, USPTO has to consider it appropriately.
If it is a problem, how should I correct it?. Currently, the parent application is still active. Thus, in principle I could simply refile the application with appropriate ADS. Anyhow, I would like to save the fee and time consuming of refiling the continuation application.
Thank you in advance for your advice