Can an appellant request that a Board decision be withheld?
Yes, an appellant can request that a Board decision be withheld under certain conditions. According to MPEP 1213:
An appellant may petition that the decision be withheld to permit the refiling of the application at any time prior to the mailing of the decision. Up to 30 days may be granted, although the time is usually limited as much as possible.
Key points about requesting to withhold a decision:
- The petition must be filed before the decision is mailed
- A maximum of 30 days may be granted, but usually less
- The Board is more likely to grant the petition if filed early
- If an oral hearing is scheduled, the petition should include a request to vacate the hearing date, not postpone it
It’s important to note that if a withdrawal of the appeal is filed on the same day the decision is mailed, a petition to vacate the decision will be denied.
To learn more: