What happens to my application if I withdraw the appeal and there are no allowed claims?

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.

If you withdraw your appeal and there are no allowed claims in your application, the application will be considered abandoned. The MPEP clearly states:

“Upon the withdrawal of an appeal, an application having no allowed claims is abandoned, and a notice of abandonment should be mailed.”

This means that if you withdraw your appeal without any allowed claims, the USPTO will consider your application abandoned and will send you a notice of abandonment. To avoid this, ensure that you have at least one allowed claim before withdrawing an appeal, or consider filing a Request for Continued Examination (RCE) to reopen prosecution.