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707.05(a) Copies of Cited References [R-2] - 700 Examination of Applications
707.05(a) Copies of Cited References [R-2]
Copies of cited references (except as noted below) are automatically furnished without charge to applicant together with the Office action in which they are cited. Copies of the cited references are also placed in the application file for use by the examiner during the prosecution.
Copies of references cited by applicant in accordance with MPEP § 609, § 707.05(b) and § 708.02 are not furnished to applicant with the Office action. Additionally, copies of references cited in continuation applications if they had been previously cited in the parent application are not furnished. The examiner should check the left hand column of form PTO-892 if a copy of the reference is not to be furnished to the applicant.
Copies of foreign patent documents and nonpatent literature (NPL) which are cited by the examiner at the time of allowance will be furnished to applicant with the Office action, and copies of the same will also be retained in the file. >For Image File Wrapper (IFW) processing, see IFW Manual section 3.7.< This will apply to all allowance actions, including first action allowances and Ex Parte Quayle actions.
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.
To assist in providing copies of references, the examiner should:
(A) Write the citation of the references on form PTO-892, "Notice of References Cited";
(B) Place the form PTO-892 in the front of the file wrapper;
(C) Include in the application file wrapper all of the references cited by the examiner which are to be furnished to the applicant and which have been obtained from the classified search file;
(D) Make two copies of each reference which is to be supplied and which has been located in a place other than the classified search file (e.g., textbooks, bound magazines, personal search material, etc.). Using red ink identify one copy as "File Copy" and the other copy as "Applicant's Copy". Both copies should be placed in the application file wrapper >(for Image File Wrapper (IFW) processing, see IFW Manual)<;
(E) Turn the application in to the technical support staff for counting. Any application which is handed in without all of the required references will be returned to the examiner. The missing reference(s) should be obtained and the file returned to the technical support staff as quickly as possible. >For Image File Wrapper (IFW) processing, see IFW Manual section 3.7.<
In the case of design applications, procedures are the same as set forth in MPEP § 707.05 (a)-(g) except that less than the entire disclosure of a cited U.S. utility patent may be supplied with the action by the Design Group. Copies of all sheets of drawings relied on and of the first page of the specification are furnished without charge. Any other subject matter, including additional pages of specification relied on by the examiner will be provided without charge. Where an applicant desires a complete copy of a cited U.S. patent, it may be obtained through Patent and Trademark Copy Sales at the usual charge.
