What is the purpose of the PTO-892 form in reissue applications?
The PTO-892 form, also known as the “Notice of References Cited,” serves an important purpose in reissue applications:
- It lists references cited or applied by the examiner during the reissue application examination.
- It includes relevant references from the original patent prosecution that are still applicable to the reissue claims.
- It helps maintain a clear record of which references the examiner has considered in the reissue process.
MPEP § 1406 states: In a reissue application, the examiner should consider all references that have been cited during the original prosecution of the patent, and list on a PTO-892 form any reference again cited/applied in the reissue application.
This process ensures that all relevant prior art is properly documented and considered in the reissue examination, maintaining the integrity of the patent system.
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