Are 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 has initialed it, indicating they have considered the reference, the examiner does not need to cite it again using the PTO-892 form.

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Tags: patent examination