December 9, 200378 Preliminary Amendments 37 CFR § 1.115 Preliminary amendments filed on (or prior to) the filing date of the application would automatically be part of the application, § 1.115(b): Current practice requires a petition under § 1.182 where a preliminary amendment is not referred to in an executed declaration If a preliminary amendment filed on (or prior to) the filing date of the application, § 1.115(b): is determined to contain matter not otherwise included in the specification, and the preliminary amendment is not referred to in a § 1.63 oath or declaration, then a new § 1.63 oath or declaration would be required to refer to the preliminary amendment.
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