TMEP 705.04: Reference to Matter in Printed or Online Publications

October 2017 Edition of the TMEP

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705.04    Reference to Matter in Printed or Online Publications

When the examining attorney refers to matter in a printed publication, the examining attorney should provide the citation for the publication, and include the relevant material with the Office action.  It is not necessary to attach a published legal decision to an Office action. A citation is sufficient.  See TMEP §705.05 regarding citation of decisions.

When the examining attorney refers to an online publication, such as an article downloaded from the Internet, the examining attorney should provide any information that would aid a party in locating the document, including the complete URL address of the website, the time and date the search was conducted, and the terms searched.  See TMEP §710.01(b) for a discussion of the weight accorded to Internet evidence.  See also TMEP §710.01(a) regarding evidence from a research database.