Continuation Practice

[MisterObvious]

How would you gentlemen handle this situation?

I filed app #1 for A + B 3 years ago.  I filed app #2 for A + C 2 years ago.  Now I want to file new app #3 for A + B + C + D.  Can I claim priority for app #3 as a C-I-P based on BOTH app #1 and app #2?  Do I even want to file app #3 with a claim of priority since I don't believe there is any intervening prior art and this would shorten any patent term?

Thanks for your opinions? 

[khazzah]

Are #1 and #2 still pending? Cuz you can't claim priority if they aren't.

If still pending, have #1 or #2 published? 

[MisterObvious]

Khazzah, neither app #1 nor app #2 is published, but app #2 allowed and will issue shortly.

[khazzah]

I filed app #1 for A + B 3 years ago.  I filed app #2 for A + C 2 years ago.  Now I want to file new app #3 for A + B + C + D.  Can I claim priority for app #3 as a C-I-P based on BOTH app #1 and app #2? 

As long as both are pending, you can claim priority to both as a CIP.

But note that priority is awarded on a claim-by-claim basis, not an element-by-element basis. That means any claim in the CIP which includes element D will only get the CIP's filing date.

Thus, a CIP probably won't accomplish what you want -- which is presumably to get an earlier priority date for the CIP's claims.

[bartmans]

In another thread (I am too lazy to search for it) the sense of filing  CiPs was discussed and the general conclusion was that since the change in law of 1995 there was no (good) reason anymore to file a CiP. There could be one or a few exceptions to this general conclusion, but such exceptions would be rare.
Since that time I do no longer consider CiPs, but only new applications for situations as drawn up in this thread.