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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. In either case, the examiner is directed to correct the error, in ink, in the paper in which the error appears, and place his or her initials on the margin of such paper, together with a notation of the paper number of the action in which the citation has been correctly given. See MPEP § 710.06.
Form paragraphs 7.81-7.83 may be used to correct citations or copies of references cited.
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.
1. In bracket 1, insert --telephone inquiry of _____-- or --communication dated ______--.
2. In bracket 2, insert new period for reply.
3. This paragraph must be followed by one or more of paragraphs 7.82, 7.82.01 or 7.83.
4. Before restarting the period, the SPE should be consulted.
The reference [1] was not correctly cited in the last Office action. The correct citation is shown on the attached PTO-892.
1. Every correction MUST be reflected on a corrected or new PTO-892.
2. This paragraph must follow paragraph 7.81.
3. If a copy of the PTO-892 is being provided without correction, use paragraph 7.83 instead of this paragraph.
4. Also use form paragraph 7.82.01 if reference copies are being supplied.
Copies of the following references not previously supplied are enclosed:
1. The reference copies being supplied must be listed following this paragraph.
2. This paragraph must be preceded by paragraph 7.81 and may also be used with paragraphs 7.82 or 7.83
[1] of the last Office action is enclosed.
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 paragraph should follow paragraph 7.81 and may follow 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.
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