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The U.S. Patent and Trademark Office recently proposed new rules that, if adopted, will require patent continuation applicants to show why their “amendment, argument, or evidence presented could not have been previously submitted.” 71 Fed. Reg. 48-61 (Jan. 3, 2006). Comments to the proposed rules are due on May 3. The proposed rules would apply to any second or subsequent continued examination filings, whether a continuation application, a continuation-in-part application or a request for continued examination.

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