What should patent examiners include about references not used for rejection?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

When dealing with references that are not used as a basis for rejection, patent examiners are advised to provide brief information about their relevance. MPEP 707.05(c) recommends:

It is recommended that the pertinent features of references which are not used as a basis for rejection be pointed out briefly.

This practice helps applicants understand the relevance of these additional references to their application, even if they are not directly used in rejections. It provides valuable context and can guide applicants in understanding the broader landscape of related prior art.