MPEP § 2136.03(III) says:
In
addition, the reference date under pre-AIA
35 U.S.C. 102(e) of a U.S. patent may be the filing date of a
relied upon provisional application only if at least one of the claims in the
patent is supported by the written description of the provisional application
in compliance with pre-AIA
35 U.S.C. 112, first paragraph. See Dynamic Drinkware, LLC, v.
National Graphics, Inc., 800 F.3d 1375, 116 USPQ2d 1045 (Fed. Cir.
2015).
