Incorporation by reference in a provisional application

[MR]

is it possible to incorporate a document (e.g., another provisional application) by reference in a provisional application?  I've been told that it is not, but I'm unable to find anything to that effect in the MPEP.

[NoMotivation]

Here is a prior thread on this topic.

http://www.intelproplaw.com/ip_forum/index.php?topic=19711.0

I think the point of confusion may lie in the fact that a provisional application cannot claim priority to a prior application, and therefore, nothing in the provisional can be considered incorporated by reference by dint of Rule 57.

But I don't think there is anything stopping an applicant from using the magic language "incorporated by reference" within a provisional application, and said language then taking due effect.

[mersenne]

is it possible to incorporate a document (e.g., another provisional application) by reference in a provisional application?  I've been told that it is not, but I'm unable to find anything to that effect in the MPEP.

More recently, there was a thread about continuation best practices (file the original and then a preliminary amendment with the changes, or just file the changed version?)  One of the examiners pointed out that "incorporation by reference" doesn't work through more than one level (so if you incorporate A by reference, and A incorporates B by reference, you don't get B).  Also, essential material can't be incorporated by reference, so if you need it, it must be in the application.

I'm not sure there's any good reason for incorporating by reference something that you have access to and could just copy and paste.  (Extra page fees?  Extra work of copy & paste?  If those questions are significant, then maybe better practice is to look at what you're incorporating...maybe you don't need it at all.)

[MYK]

IIRC, one reason to IBR was just in case someone screwed up the copy-and-paste or the upload process.  Then at least you could fall back on merging in the IBRed material rather than having to refile (and maybe lose your priority claim if you found out too late).

[MR]

One potential advantage of using incorporation by reference is the following. Suppose provisional application 1 is incorporated by reference into provisional application 2.  Applicant then decides to pursue a patent on app'n 2, and to abandon app'n 1.   

Potentially, publication of app'n 1 will be avoided if it is incorporated only by reference. Does anyone know whether this is the case?

[midwestengineer]

One potential advantage of using incorporation by reference is the following. Suppose provisional application 1 is incorporated by reference into provisional application 2.  Applicant then decides to pursue a patent on app'n 2, and to abandon app'n 1.   

Potentially, publication of app'n 1 will be avoided if it is incorporated only by reference. Does anyone know whether this is the case?

I believe that this is false under 37 CFR 1.14(a)(1)(iv).