Can a recorded terminal disclaimer be withdrawn?
A recorded terminal disclaimer may be withdrawn before the application issues as a patent or before a reexamination certificate issues. However, after a patent or reexamination certificate issues, a recorded terminal disclaimer will not be nullified.
The MPEP states: If timely requested, a recorded terminal disclaimer may be withdrawn before the application in which it is filed issues as a patent, or if a terminal disclaimer is filed in a reexamination proceeding, before the reexamination certificate issues. After a patent or reexamination certificate issues, a recorded terminal disclaimer will not be nullified.
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