How should examiner-annotated copies of cited references be handled in USPTO office actions?

Examiner-annotated copies of cited references play an important role in USPTO office actions. Here’s how they should be handled:

  • Copies of cited references with examiner annotations should be placed in the file wrapper
  • These annotated copies are considered part of the official record
  • They should be clearly labeled as “Annotated Sheet” to distinguish them from clean copies

According to MPEP 707.05: “Where the copy of the reference may be read without difficulty, the examiner should place the reference number and the class and subclass in the upper right corner and the examiner’s initials in the lower right corner of the first page of each reference cited.” This practice ensures that the examiner’s specific observations and relevant portions of the reference are clearly documented and accessible for future review.

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Tags: Cited References, Examiner Annotations