Google Patents says that US patent application US11/673,907 is now abandoned for "FAILURE TO RESPOND TO AN OFFICE ACTION". But before it was abandoned US29/339,218 was filed as a continuation-in-part (and is active as USD621102S1).

What effect does the abandonment have on the later patent?

Edit: According to the dossier on USPTO the first patent was rejected because some of its claims were not unique. They filed for a one month extension of time. The same day as that filing they applied for the continuation-in-part design patent. Six months later the first patent was marked abandoned. Some time passed and then the second patent was granted.

If I understand abandonment correctly, none of the first patent's claims were granted. I would guess then that it provides no benefit to the second patent other than to give the second patent an earlier date. And also perhaps to let the owner say "my product's patent is pending" followed by "my product is patented" (even though the first application was rejected/abandoned).

1 Answer 1


USD621102 is a granted design patent. The abandoned parent application was a utility patent application. The abandonment of the parent is not, Itself, relevant to the child CIP.

Design patents are just for the ornamental aspects of a product, not it’s function. To the extent any of the drawings in the patent application have a similar enough look to the design patent figures the CIP gets advantage of the priority date of the parent.

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