Is anyone aware of how MPEP rule for IDSes would apply if we’ve cited references derived from an 892 (rather than a 1449) in a parent app on an IDS in the CON app but not submitted a copy as one exists in the parent app file wrapper? Examiner has not considered such refs due to copies not being provided, but we assumed they were covered under CFR 1.98(d) - copies are not required as the earlier application is identified on the IDS and is relied on for effective filing date.

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Same rules - I routinely do not submit copies in the con for anything cited in the parent and
I think technically you don't have to cite them but best practice you should to get them on the front face. Point the examiner to the provision - i dont think 1449 vs. 892 matters. The more interesting question is do you have to provide copies in a pending parent for something cited in a copending con

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Thank you, I felt the same way - I think we ended up not filing another IDS and my attorney called the examiner to clarify. And interesting point! I would probably provide copies in both to avoid any misunderstandings

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