questions re a CIP prosecution

[mlauren]

What is the name of your state? California

I filed a utility patent. I rec'd a first office response rejecting it on the grounds that it failed to comport to proper patent procedure. I agree. I filed a response to which examiner stated that I should file as a CIP.

My questions are this:
1. If I file as a CIP while parent is pending, and then expressly abandon parent, does it take effective filing date of parent?

2. Assuming I file as CIP, abandon parent, does the CIP ger re-routed back into the line for prosecution, or will the examiner continue the prosecution process of the CIP in place of the parent application?

Thank you for any input you may have!

 

[divgradcurl]

1. If I file as a CIP while parent is pending, and then expressly abandon parent, does it take effective filing date of parent?

Yes, as to the material that was disclosed in the original application. Any new matter that is first disclosed in the CIP will only get the benefit of the filing date of the CIP. But, as you note, make sure you file the CIP BEFORE you abandon the original application -- once an application is abandoned, it can no longer be used to establish a priority date.

2. Assuming I file as CIP, abandon parent, does the CIP ger re-routed back into the line for prosecution, or will the examiner continue the prosecution process of the CIP in place of the parent application?

The CIP is a separate application, so it doesn't just take the place of the original application -- it goes back in line. Chances are the same examiner will review it, but it doesn't just take over for the parent application.