Can I withdraw my Pre-Appeal Brief Request?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. Yes, you can withdraw your Pre-Appeal Brief Request. The MPEP states, Applicants may request to withdraw the appeal by filing a request for continued examination (RCE) under 37 CFR 1.114 with the appropriate fee. ( MPEP 1204.02 ) Here are some key points about withdrawing a Pre-Appeal Brief Request: Filing an RCE will withdraw the appeal and the Pre-Appeal Brief Request. The RCE must be filed with the appropriate fee. Once withdrawn, the application will be removed from appeal status and returned to the examiner for further prosecution. It’s important to consider the implications of withdrawing your request and ensure that this aligns with your overall patent prosecution strategy. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Request for Pre-Appeal Brief Review Must Accompany Notice of Appeal MPEP 1204.02 Required Notice of Appeal and Pre-Appeal Brief Review Requirements MPEP 1204.02 Required Request for Pre-Appeal Brief Review Permitted MPEP 1204.02 Permitted Request for Pre-Appeal Brief Review Allowed MPEP 1204.02 Appellant Can Check Appeal Status and Receipt Date in Patent Center MPEP 1204 Permitted Free Appeal Brief Filing Fee MPEP 1204 Extendible Time for Appeal Brief Filing MPEP 1204.02 Filing Appeal Brief Within Two Months MPEP 1204 Required Use Form PTO/AIA/33 for Pre-Appeal Brief Review Requests MPEP 1204.02 Permitted Communication by Patent Appeal Center MPEP 1204 Other Related FAQs 5 FAQs Collapse What happens if a Pre-Appeal Brief Request is not timely filed? What happens if a Pre-Appeal Brief Request is not proper? Can new arguments be presented in a Pre-Appeal Brief Request? What are the possible outcomes of a Pre-Appeal Brief Conference? How doe...