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2.40Prior-Filed Application Not Entitled to a Filing Date or Basic Filing Fee Was Not Paid

This application claims the benefit of prior-filed application No. [1] under 120 , 121 , 365(c) , or 386(c) or under 35 U.S.C. 119(e) . If the prior-filed application is an international application designating the United States, it must be entitled to a filing date in accordance with PCT Article 11 ; if the prior-filed application is an international design application designating the United States, it must be entitled to a filing date in accordance with 37 CFR 1.1023 ; and if the prior-filed application is a nonprovisional application under 35 U.S.C. 111(a) , the prior-filed application must be entitled to a filing date as set forth in 37 CFR 1.53(b) or 1.53(d) and include the basic filing fee set forth in 37 CFR 1.16 . See 37 CFR 1.78(d)(1) . If the prior-filed application is a provisional application, the prior-filed application must be entitled to a filing date as set forth in 37 CFR 1.53(c) and the basic filing fee must be paid within the time period set forth in 37 CFR 1.53(g) . See 37 CFR 1.78(a)(2) . This application is not entitled to the benefit of the prior-filed application because the prior-filed application [2] . Applicant is required to delete the benefit claim to the prior-filed application from the Application Data Sheet (ADS) or, for applications filed before September 16, 2012, from the ADS or the first sentence(s) of the specification as appropriate.

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