This section discusses 37 C.F.R. 1.53(d), CPA practice in detail. CPA practice is not allowed for utility and plant applications, only design applications. CPA's are treated as amended applications as of the filing date of the CPA.

This section covers conditions for filing CPA's, signature requirements, filing date details, small entity/microentity status, extensions of time, inventorship, and examination of CPA's including the benefit of earlier filing date, terminal disclaimers, prior election, information disclosure statements and preliminary amendments, copies of affidavits, and public access to CPA's.

• Review Ed9 10.2019: 201.06(d)

To obtain a valid patent, a patent application as filed must contain a full and clear disclosure of the invention in the manner prescribed by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph. This section outlines in explicit detail the requirements and components of the disclosure including the specification, claims, and drawings.

• Review Ed9 10.2019: 608

Covers new matter by preliminary amendment. A preliminary amendment present on the filing date of the application is considered a part of the original disclosure.

• Review Ed9 10.2019: 608.04(b)

Discusses the Review Ed9 10.2019: of the examiner's holding of new matter. Where the new matter is confined to amendments to the specification, Review Ed9 10.2019: of the examiner’s requirement for cancelation is by way of petition.

• Review Ed9 10.2019: 608.04(c)

Rejections based on 35 U.S.C. 112 are discussed in chapter 2100 and in our Appendix on 35 U.S.C. 112.

• Review Ed9 10.2019: 706.03(c)

This section covers situations when a final rejection is proper on a first action. Both the times when a final rejection on the first action are proper and improper are discussed.

• Review Ed9 10.2019: 706.07(b)

The time for reply to a final rejection is discussed here including coverage of shortened statutory periods for reply.

• Review Ed9 10.2019: 706.07(f)

If an applicant needs more time to file an Office Action, he or she can in some cases be granted an extension of time for the reply. A petition for an extension of time will have to be properly filed.

There are circumstances where a petition for an extension of time will be denied by the Office, such as if the application is involved in a reexamination or an interference proceeding. If the applicant fails to file a reply by midnight on the date the period for reply was due, the application will be regarded as abandoned and the applicant may lose all of his or her rights to an invention. This section covers details on the period for reply.

• Review Ed9 10.2019: 710

This section provides details on extensions of time including when due dates may not be extended. There are two types of due date extensions; automatic extensions under 37 C.F.R. 1.136(a) and extensions for cause under 37 C.F.R. 1.136(b).

Automatic extensions include those when an applicant must reply within a nonstatutory or shortened statutory time. Extensions for cause are used when the applicant is unable to reply within the specified time period and 37 C.F.R. 1.136(a) is unavailable.

• Review Ed9 10.2019: 710.02(e)

This section covers amendments and the applicant's action including when an applicant may amend and the manner of making amendments under 37 C.F.R. 1.121. There are many rules governing amendments that are discussed in 37 C.F.R. 1.121 and this section. These consist of amendments to the specification and amendments to the claims including status identifiers, markings to show the changes, claim text, claim numbering, and acceptable alternative status identifiers. In addition, amendments in reexamination proceedings and reissue applications are also discussed.

• Review Ed9 10.2019: 714

This section outlines the procedures followed for amendments and other replies after final rejection or action. In these instances, entry is not a matter of right.

• Review Ed9 10.2019: 714.13