¶ 2.40 Prior-Filed Application Not Entitled to a Filing Date or Basic Filing Fee Was Not Paid
This application claims the benefit of prior-filed application No. [1] under 35 U.S.C. 120 , 121, or 365(c) or under 35 U.S.C. 119(e). If the prior-filed application is an international application designating the United States of America, it must be entitled to a filing date in accordance with PCT Article 11. See 37 CFR 1.78 (a)(1)(i). If the prior-filed application is a nonprovisional application, the prior-filed application must been entitled to a filing date as set forth in 37 CFR 1.53 (b) or 1.53 (d) and include the basic filing fee set forth in 37 CFR 1.16. See 37 CFR 1.78 (a)(1)(ii). If the prior-filed application is a provisional application, the prior-filed application must be entitled to a filing date as set forth in 37 CFR 1.53 (c) and the basic filing fee must be paid within the time period set forth in 37 CFR 1.53 (g). See 37 CFR 1.78 (a)(4).
This application is not entitled to the benefit of the prior-filed application because the prior-filed application [2]. Applicant is required to delete the reference to the prior-filed application.
Examiner Note:
1. Use this form paragraph to notify applicant that the application is not entitled to the benefit of the prior-filed application because the prior-filed application was not entitled to a filing date and/or did not include the basic filing fee.
2. In bracket 1, insert the application number of the prior-filed application.
3. In bracket 2, insert "was not entitled to a filing date"; "did not include the basic filing fee"; or "was not entitled to a filing date and did not include the basic filing fee".