What references should an examiner include in the first action after an interference?

In the first action after an interference or derivation proceeding, the examiner has specific responsibilities regarding references. The MPEP states: Moreover, in the first action after termination of an interference or derivation, the examiner should make of record in each application all references not already of record which were pertinent to any preliminary motions and which were discussed in the decision on motion.

This means the examiner should include:

• References relevant to preliminary motions
• References discussed in the decision on motion
• Any other pertinent references not already in the record

This ensures that all relevant prior art and discussions from the interference proceeding are properly documented in the application’s examination history.

To learn more:

• post-interference examination
• references
• prior art