What is usually required by the examiner to overcome the date of a reference relied upon?

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The examiner typically requires an accurate English translation of the foreign application to properly assess and evaluate the reference in question. This is particularly important when the reference is in a language other than English, as it ensures that the examiner fully understands the content and context of the reference material. Without a clear translation, there may be misunderstandings or misinterpretations related to the scope, claims, or teachings of the reference, which can affect the examination process.

An accurate translation allows the examiner to compare the content of the reference against the claims of the application being considered, facilitating an informed decision on whether the reference impacts patentability. This is especially relevant in determining issues such as novelty and non-obviousness, where the details of the reference must be accurately known.

While other options may address related aspects of submissions or prior art, they do not fulfill the specific requirement for clarity and comprehension when the reference is not in English, making the correct choice vital for ensuring a thorough examination process.

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