What happens to cited references in continuation applications?

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.

For continuation applications, the treatment of cited references differs from new applications. According to MPEP 707.05(a):

Additionally, copies of references cited in continuation applications if they had been previously cited in the parent application are not furnished.

However, if no new art is cited in the continuation application, the MPEP states: In the rare instance where no art is cited in a continuing application, all the references cited during the prosecution of the parent application will be listed at allowance for printing in the patent.