What is the purpose of the PTO-892 form in reissue applications?

The PTO-892 form, also known as the “Notice of References Cited,” serves an important purpose in reissue applications:

  • It lists references cited or applied by the examiner during the reissue application examination.
  • It includes relevant references from the original patent prosecution that are still applicable to the reissue claims.
  • It helps maintain a clear record of which references the examiner has considered in the reissue process.

MPEP § 1406 states: In a reissue application, the examiner should consider all references that have been cited during the original prosecution of the patent, and list on a PTO-892 form any reference again cited/applied in the reissue application.

This process ensures that all relevant prior art is properly documented and considered in the reissue examination, maintaining the integrity of the patent system.

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Tags: Examiner Consideration, Patent References, pto-892 form, reissue application