How does an examiner list prior art during reexamination proceedings?
During reexamination proceedings, the examiner must list all relevant prior art on specific forms. According to MPEP 2657:
“The examiner must list on a form PTO-892, if not already listed on a form PTO/SB/08A or 08B, or PTO/SB/42 (or on a form having a format equivalent to one of these forms), all prior art patents or printed publications which have been cited in the decision on the request, applied in making rejections or cited as being pertinent during the reexamination proceedings.”
This ensures that all relevant prior art is properly documented and considered during the reexamination process.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2657 - Listing Of Prior Art,
Patent Law,
Patent Procedure