What should an examiner do if they know of references that could lead to rejection after a PTAB reversal?
If an examiner has specific knowledge of references that could lead to rejection of claims after a Patent Trial and Appeal Board (PTAB) reversal, they should not immediately reject the claims. Instead, the MPEP outlines a specific procedure: “If the examiner has specific knowledge of the existence of a particular reference or references which indicate…
Read MoreHow are new references cited when a patent application is in issue?
When new references need to be cited after a patent application has entered the issue process, a specific procedure is followed. According to MPEP 1302.12: Any new reference cited when the application is in issue, under the practice of MPEP § 1308.01, should be added by way of a PTO-892 or PTO/SB/08. This process involves:…
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