What types of references does an examiner list on Form PTO-892?
An examiner lists specific types of references on Form PTO-892 (Notice of References Cited). According to MPEP 1302.12:
When an examiner lists references on a form PTO-892, the examiner lists references that are relied upon in a prior art rejection or mentioned as pertinent.
These references typically include:
- Prior art used in rejections
- Pertinent references related to the invention
- References discussed in Patent Trial and Appeal Board decisions
It’s important to note that the examiner does not list references previously cited by the applicant on an Information Disclosure Statement (e.g., PTO/SB/08) that have been initialed by an examiner. For more details on this practice, refer to MPEP § 609 and MPEP § 707.05(b), (c) and (d).
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