How should an examiner handle withdrawn rejections in an Examiner’s Answer?

When handling withdrawn rejections in an Examiner’s Answer, an examiner should:

  • List withdrawn rejections under the subheading “WITHDRAWN REJECTIONS”
  • Explain which rejections are being withdrawn and why
  • Update the status of affected claims if all rejections on a claim are withdrawn

The MPEP states: “Under the subheading ‘WITHDRAWN REJECTIONS,’ the examiner should list any grounds of rejection that are being withdrawn (e.g., those that have been overcome by appellant.)

It’s important to note that withdrawing rejections can affect the status of claims and may allow for amendments under certain circumstances.

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Tags: claim status, examiner's answer, patent appeal, withdrawn rejections