How are references cited by the examiner in subsequent actions?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.