MPEP 2657
Listing of Prior Art

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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2657    Listing of Prior Art [R-07.2015]

The reexamination request must provide a listing of the patents and printed publications (discussed in the request) as provided for in 37 CFR 1.98. See MPEP § 2614. 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 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;
  • (C) discovered by the examiner during a prior art search; or
  • (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 the list of prior art documents considered in the reexamination proceeding. A notice will be printed on the reexamination certificate to state that the list of cited prior art documents will be available via PAIR by the reexamination control number.