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26 Aug 12:41 am
... the parent application are considered when examining the continuation application. The applicant is under no duty to resubmit such information in the continuing application.
Therefore, it is not inequitable conduct for an applicant not to resubmit information that is already before the PTO in the parent application." E-Bay, Inc. v. IDT Corp et al., 4-08-cv-04015 (ARWD August 24, 2009, Order) (Barnes, J.)
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