MPEP Section 2657, Listing of Prior Art

Executive summary:

This document contains one section of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Fifth Revision (August 2006). This page was last updated in July 2007. You may return to the section index to find a particular section. Alternatively, you may search the MPEP use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the MPEP in the pop-up list.

For more information on patent law, please see the Patent Section of BitLaw. For patent services, see the Beck & Tysver pages.

Previous Section (§2656) | Next Section (§2658)

2657 Listing of Prior Art

The examiner must list on a form PTO-892, if not already listed on a form ** PTO/SB/08A or 08B, or PTO/SB/42 (or on a form having 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 1.915.

The examiner must also list on a form PTO-892, if not already listed on a form ** 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 they were:

(A) 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) of record in the patent file as result of earlier examination proceedings as to the patent;

(D) submitted pursuant to 37 CFR 1.948.

All citations listed on form PTO-892, and all citations not lined-through on any form ** 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."