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).
However, for evidence obtained from the LexisNexis® surname database, the evidence must show the total number of occurrences of a particular surname that were found in the database. This database is a regularly updated nationwide directory of mobile phone numbers and other numbers (such as VOIP numbers) and the names with which they are associated. See TMEP §1211.02(b)(i) regarding telephone directory listings, §1211.02(b)(ii) regarding LexisNexis® research databases, and §1211.01(b)(iii) regarding the U.S. Census’s surname database as evidence of the surname significance of a term.
See TMEP §710.01(b) regarding evidence originating in foreign publications.