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2257 Listing of Prior Art [R-5] - 2200 Citation of Prior Art and Ex Parte Reexamination of Patents
2257 Listing of Prior Art [R-5]
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 properly cited and relied upon by the reexamination requester in the request under 37 CFR 1.510.
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:
(A) they were 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) they were of record in the patent file as result of earlier examination proceedings; or
(C) they were discovered by the examiner during a prior art search.
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."
A submission of patents and/or publications is entitled to entry and citation in the reexamination certificate (that will be issued) when it complies with 37 CFR 1.98 and is submitted:
(A) by the patent owner in the statement under 37 CFR 1.530;
(B) by the reexamination requester in the reply under 37 CFR 1.535;
(C) prior to the order of reexamination under 37 CFR 1.501 by any party; and/or
(D) by the patent owner under the duty of disclosure requirements of 37 CFR 1.555.
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