What happens to allowed claims when an appeal is withdrawn?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

When an appeal is withdrawn in an application that contains both allowed claims and claims on appeal, the allowed claims are not affected. The MPEP states:

“If an application contains allowed claims, as well as claims on appeal, the withdrawal of the appeal does not operate as an abandonment of the application, but is considered a withdrawal of the appeal as to those claims and authority to the examiner to cancel the same.”

This means that the application remains active with the allowed claims, while the examiner gains the authority to cancel the previously appealed claims.