How are references handled in continuation applications?
In continuation applications, the handling of references is crucial, especially when significant prior art is on record in the parent case. MPEP 1302.12 provides guidance on this matter: In the rare instance where no art is cited in a continuation application, all the references cited during the prosecution of the parent application will be listed…
Read MoreAre there exceptions to using the PTO-892 form for citing references?
Yes, there is an exception to using the PTO-892 form for citing references. The MPEP 707.05(d) states: “…unless applicant has listed the reference on a form PTO/SB/08 that has been initialed by the examiner.” This means that if the applicant has already listed the reference on a PTO/SB/08 form (Information Disclosure Statement) and the examiner…
Read MoreHow are references cited by the examiner in subsequent actions?
When an examiner relies on a reference that was previously mentioned by the applicant in an amendatory paper, the examiner must cite this reference using the standard procedure. The MPEP states: “Where an applicant in an amendatory paper refers to a reference that is subsequently relied upon by the examiner, such reference shall be cited…
Read MoreHow should examiners handle the citation of references in Office actions?
How should examiners handle the citation of references in Office actions? Examiners must follow specific guidelines when citing references in Office actions: Each reference cited should be relevant to the examination and support any rejections or objections made. Citations must include all bibliographic information necessary for clear identification of the source. For U.S. patents and…
Read MoreWhat is the PTO-892 form and when is it used?
The PTO-892 form, also known as the ‘Notice of References Cited,’ is an official document used by patent examiners to cite references during the examination process. According to MPEP 707.05(d): “…such reference shall be cited by the examiner in the usual manner using a form PTO-892, ‘Notice of References Cited’…” This form is used when…
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