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707.05(g) Incorrect Citation of References [R-2] - 700 Examination of Applications
707.05(g) Incorrect Citation of References [R-2]
Where an error in citation of a reference is brought to the attention of the Office by applicant, a letter correcting the error, together with a correct copy of the reference, is sent to applicant. See MPEP § 710.06. Where the error is discovered by the examiner, applicant is also notified and the period for reply restarted. In either case, the examiner is directed to correct the error, in ink, in the paper in which the error appears, and place his or her initials on the margin of such paper, together with a notation of the paper number of the action in which the citation has been correctly given. See MPEP § 710.06. >For Image File Wrapper (IFW) processing, see IFW Manual.<
Form paragraphs 7.81- 7.83 may be used to correct citations or copies of references cited.
¶ 7.81 Correction Letter Re Last Office Action
In response to applicant's [1] regarding the last Office action, the following corrective action is taken.
The period for reply of [2] MONTHS set in said Office action is restarted to begin with the mailing date of this letter.
Examiner Note
1. In bracket 1, insert --telephone inquiry of _____-- or --communication dated ______--.
2. In bracket 2, insert new period for reply.
3. This form paragraph must be followed by one or more of form paragraphs 7.82, 7.82.01 or 7.83.
4. Before restarting the period, the SPE should be consulted.
¶ 7.82 Correction of Reference Citation
The reference [1] was not correctly cited in the last Office action. The correct citation is shown on the attached PTO-892.
Examiner Note
1. Every correction MUST be reflected on a corrected or new PTO-892.
2. This form paragraph must follow form paragraph 7.81.
3. If a copy of the PTO-892 is being provided without correction, use form paragraph 7.83 instead of this form paragraph.
4. Also use form paragraph 7.82.01 if reference copies are being supplied.
¶ 7.82.01 Copy of Reference(s) Furnished
Copies of the following references not previously supplied are enclosed:
Examiner Note
1. The reference copies being supplied must be listed following this form paragraph.
2. This form paragraph must be preceded by form paragraph 7.82.01 and may also be used with form paragraphs 7.82 or 7.83.
>¶ 7.82.02 Copy of Provisional Application(s) Relied Upon for Prior Art Effect May Not Be Supplied
If a copy of a provisional application listed on the bottom portion of the accompanying Notice of References Cited (PTO-892) form is not included with this Office action and the PTO-892 has been annotated to indicate that the copy was not readily available, it is because the copy could not be readily obtained when the Office action was mailed. Should applicant desire a copy of such a provisional application, applicant should promptly request the copy from the Office of Public Records (OPR) in accordance with 37 CFR 1.14(a)(1)(iv), paying the required fee under 37 CFR 1.19(b)(1). If a copy is ordered from OPR, the shortened statutory period for reply to this Office action will not be reset under MPEP § 710.06 unless applicant can demonstrate a substantial delay by the Office in fulfilling the order for the copy of the provisional application. Where the applicant has been notified on the PTO-892 that a copy of the provisional application is not readily available, the provision of MPEP § 707.05(a) that a copy of the cited reference will be automatically furnished without charge does not apply.
<¶ 7.83 Copy of Office Action Supplied
[1] of the last Office action is enclosed.
Examiner Note
1. In bracket 1, explain what is enclosed. For example:
"A corrected copy"
"A complete copy"
A specific page or pages, e.g., "Pages 3-5"
"A Notice of References Cited, Form PTO-892"
2. This form paragraph should follow form paragraph 7.81 and may follow form paragraphs 7.82 and 7.82.01.
In any application otherwise ready for issue, in which the erroneous citation has not been formally corrected in an official paper, the examiner is directed to correct the citation by examiner's amendment accompanying the Notice of Allowability form PTOL-37.
If a FOREIGN patent is incorrectly cited: for example, the wrong country is indicated or the country omitted from the citation, the General Reference Branch of the Scientific and Technical Library may be helpful. The date and number of the patent are often sufficient to determine the correct country which granted the patent.
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