MPEP § 707.05(d) — Reference Cited in Subsequent Actions (Annotated Rules)

This page consolidates and annotates all enforceable requirements under MPEP § 707.05(d), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Reference Cited in Subsequent Actions

This section addresses Reference Cited in Subsequent Actions.

Key Rules

Exceptions & Carve-Outs (1)

MPEP GuidanceRequiredAlways
[mpep-707-05-d-14a79ab6df7b9ca2f516cce0]
Reference Must Be Cited If Subsequently Relied Upon
Note:
An examiner must cite a reference in PTO-892 if it is relied upon after being referred to by an applicant, unless the reference is already listed on PTO/SB/08 with examiner initials.

Where an applicant in an amendatory paper refers to a reference that is subsequently relied upon by the examiner, such reference shall be cited by the examiner in the usual manner using a form PTO-892, “Notice of References Cited,” unless applicant has listed the reference on a form PTO/SB/08 that has been initialed by the examiner.

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31