Can I withdraw my Pre-Appeal Brief Request?
Can I withdraw my Pre-Appeal Brief Request?
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- Once withdrawn, the application will be removed from appeal status and returned to the examiner for further prosecution.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.
To learn more: