TMEP 710.01(a): Evidence from Research Database

October 2017 Edition of the TMEP

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710.01(a)    Evidence from Research Database

If evidence is obtained from a research database, the record should include an indication of the specific search that was conducted.  The record should indicate the libraries and/or files that were searched and the results.  If the examining attorney does not review all of the documents located in a search, the record should indicate the number of documents that were reviewed.  The search summary should be made a part of the record and will provide most of this information.  Information not indicated on the search summary, such as the number of documents viewed, should be stated in narrative in the Office action.  The Office action should include a citation to the research service, indicating the service, the library and the file searched, and the date of the search (e.g., "LEXIS®, News and Business, All News (Sept. 25, 2009)").

When evidence is obtained from a research database, the examining attorney does not have to make all stories of record.  It is sufficient to include only a portion of the search results, as long as that portion is a representative sample of what the entire search revealed. In re Vaughan Furniture Co., 24 USPQ2d 1068, 1069 n.2 (TTAB 1992). See also In re Federated Dep't Stores Inc., 3 USPQ2d 1541, 1542 n.2 (TTAB 1987).

See TMEP §710.01(b) regarding evidence originating in foreign publications.