How 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 by the examiner in the usual manner using a form PTO-892, ‘Notice of References Cited’…”
This means the examiner will use the official PTO-892 form to formally cite the reference, even if it was initially brought up by the applicant.
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