707.05(g) Incorrect Citation of References [R-11.2013]

Created On
byChhabra Law Firm

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. See MPEP § 710.06.

One or more of form paragraphs 7.81, 7.82, 7.82.01, and 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 USPTO ceased mailing paper copies of U.S. patents and U.S. application publications cited in Office Actions in nonprovisional applications beginning in June 2004. See the phase-in schedule of the E-Patent Reference program provided in “USPTO to Provide Electronic Access to Cited U.S. Patent References with Office Actions and Cease Supplying Paper Copies,” 1282 OG 109 (May 18, 2004). Therefore, this form paragraph should only be used for foreign patent documents, non-patent literature, pending applications that are not stored in the image file wrapper (IFW) system, and other information not previously supplied.
  • 2. The reference copies being supplied must be listed following this form paragraph.
  • 3. This form paragraph must be preceded by form paragraph 7.81 and may also be used with form paragraphs 7.82 or 7.83.

¶ 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.