October 10, 2007 "Clarification" Of USPTO Rules Effective November 1, 2007

On October 10, 2007, the United States Patent and Trademark Office (USPTO) published on its Web site a "Clarification of the Transitional Provisions Relating to Continuing Applications and Applications Containing Patentably Indistinct Claims" (Clarification). The "Clarification" addresses four topics:

The Transitional "One More" Continuing Application Provision

The USPTO has modified the transitional "one more" continuing application provision so that an applicant can file "one more" continuing application and any continuing applications that satisfy 37 CFR § 1.78(d)(1)(ii), (d)(1)(iii) or (d)(1)(iv) (i.e., divisional applications, continuations of divisional applications, and continuations/continuations-in-part (CIPs) filed with a petition and showing). That is, any continuing applications that satisfy 37 CFR § 1.78(d)(1)(ii), (d)(1)(iii) or (d)(1)(iv) will not be taken into account when applying the "one more" provisions.