TMEP 1501.03: Withdrawal of Refusal or Requirement After Appeal

October 2017 Edition of the TMEP

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1501.03    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the applicant’s brief or reply brief, the examining attorney believes that the requirement or refusal should be withdrawn, the examining attorney must withdraw the requirement or refusal and approve the application for publication or registration, if it is otherwise in condition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attorney must also promptly attempt to notify the applicant by telephone or e‑mail that the requirement or refusal is withdrawn, and must enter an appropriate Note to the File in the record.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  It is not necessary to notify the Board that the refusal or requirement has been withdrawn.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and/or requirements, and the examining attorney decides that only certain refusals and/or requirements should be withdrawn, the appeal should go forward on the remaining ground(s) only.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  The examining attorney has withdrawn [specify the refusal(s) and/or requirement(s)].