Can a CIP claim priority to a provisional application filed after the parent non-provisional?

Question

I filed a first provisional and a non-provisional claiming priority to the first provisional less than a year later. Now I've made substantial improvements and would like to protect it before the non-provisional is published in a few weeks. Can I file a second provisional and later file a CIP claiming priority to the parent non-provisional and the second provisional? And if so, what is the boilerplate?

Answer 1

Yes

I suggest -

"This application is a continuation-in-part of co-pending application ZZ/YYYYY filed on ZZ/Z/ZZZZ and claims the benefit of provisional application XX/YYYYY filed on XX/X/XXXX."