Withdrawal of Refusal or Requirement After Appeal

If, after considering the applicant’s brief or reply

brief, the examining attorney believes that the requirement or refusal should be

withdrawn, the examining attorney must withdraw the requirement or refusal and approve

the application for publication or registration, if it is otherwise in condition for

such action. The examining attorney must also promptly attempt to notify the applicant

by telephone or email that the requirement or refusal is withdrawn, and must enter an

appropriate Note to the File (also referred to as a Public Note or Notation to File) in

the record. This approval for publication or allowance for registration may be done at

any time before the Board’s decision on appeal.  It is not necessary to notify the Board

that the refusal or requirement has been withdrawn.

If there are multiple grounds for refusal and/or

requirements, and the examining attorney decides that only certain refusals and/or

requirements should be withdrawn, the appeal should go forward on the remaining

ground(s) only. The following language should be included in the examining attorney’s

brief, informing the applicant of the withdrawal of the refusal(s) and/or

requirement(s):

The examining attorney acknowledges receipt of the

applicant’s appeal brief.  The examining attorney has withdrawn [specify the

refusal(s) and/or requirement(s)].