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Any such statement filed in a provisional application will be returned or destroyed at the option of the Office. Since no substantive examination is given in provisional applications, a disclosure of information is unnecessary.The form PTO/SB/08A and 08B will enable applicants to comply with the requirement to list each item of information being submitted and to provide the Office with a uniform listing of citations and with a ready way to indicate that the information has been considered.A copy of form PTO/SB/08A and 08B is reproduced at the end of this section. 120 to a parent application (other than an international application that designated the U.For discussion of electronic processing of IDS, see MPEP § 609.08.Once the minimum requirements of 37 CFR 1.97 and 37 CFR 1.98 are met, the examiner has an obligation to consider the information.

Third parties (individuals not covered by 37 CFR 1.56(c)) cannot file information disclosure statements under 37 CFR 1.97 and 37 CFR 1.98. Office personnel (including the Patent Examining Corps) are instructed to: (1) not reply to or act upon any third-party inquiry or other submission in an application, except those in compliance with 37 CFR 1.290 or 37 CFR 1.291; and (2) decline to accept oral or telephone comments or submissions about applications from third parties. An information disclosure statement filed in accordance with the provisions of 37 CFR 1.97 and 37 CFR 1.98 will be considered by the examiner assigned to the application.

Examiners will no longer initial each reference citation considered, but will continue to strikethrough each citation not considered.

Each page of reference citations will be stamped by the examiner with the phrase “All references considered except where lined through” along with the examiner’s electronic initials, and the final page of reference citations will include the examiner’s electronic signature.

Examiner handling of information disclosure statements is discussed in MPEP § 609.05.

For discussion of IDS filed electronically (e-IDS) via the Office’s Electronic Filing System (EFS), see MPEP § 609.07.