Patent Law Revision Hearings Ninetieth Congress First Second Session Vo
Patent Law Revision Hearings Ninetieth Congress First Second Session Vo
Trademarks United States Congress Senate Committee On the
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BECOMMENDATION NO. VIII : CONTINUING APPLICATIONS Under existing law, a continuation application (i. E. , an application contain- ing the same technical subject matter as a previous application) must be filed in order to obtain the date of the previous application "before the patenting or abandonment of or termination of proceedings on" the earlier filed application (see section 120). It is also provided that a "continuation application" may obtain the benefit of the filing date of an earlier f...iled application and, in turn, may be "similarly entitled to the benefit of the filing date" of still another earlier filed application. The President's Commission recommended first that a con- tinuation application must be filed before the abandonment or allowance of, or an appeal in, the earlier filed application, and second that the benefit of the filing date for an application may not be preserved through a chain of subsequently filed applications. S. 1042 adopts in section 120(b) the Commission's recommenda- tion.
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