MPEP 203.01
New

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in Januay 2018

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203.01    New [R-11.2013]

A "new" application is a nonprovisional application that has not yet received an action by the examiner. An amendment filed prior to the first Office Action does not alter the status of a "new" application. Note that a request for continued examination (RCE)(see 37 CFR 1.114 ) is not a type of new application filing. See MPEP § 706.07(h).