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2257 Listing of Prior Art [R-2] - 2200 Citation of Prior Art and Ex Parte Reexamination of Patents
2257 Listing of Prior Art [R-2]
The examiner must list on a form PTO-892, if not already listed on a form PTO-1449 ** >, 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 properly >cited and relied upon by the reexamination requester in the request under 37 CFR 1.510.<
**The examiner must also list on a form PTO-892, if not already listed on a form PTO-1449 **>, 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. Such prior >art< patents or printed publications may have come to the examiner's attention because:
(A) they were of record in the patent file due to a prior art submission under 37 CFR 1.501 which was received prior to the date of the order;
(B) they were of record in the patent file as result of earlier examination proceedings; or
(C) they were discovered by the examiner during a prior art search.
**>All citations listed on form PTO-892, and all citations not lined-through on any form PTO-1449, PTO/SB/08A or 08B, or PTO/SB/42 (or on a form having a format equivalent to one of these forms), will be printed on the reexamination certificate under "References Cited."
A submission of patents and/or publications is entitled to entry and citation in the reexamination certificate (that will be issued) when it complies with 37 CFR 1.98 and is submitted:
(A) by the patent owner in the statement under 37 CFR 1.530;
(B) by the reexamination requester in the reply under 37 CFR 1.535;
(C) prior to the order of reexamination under 37 CFR 1.501 by any party; and/or
(D) by the patent owner under the duty of disclosure requirements of 37 CFR 1.555.<
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