How does an examiner request withdrawal of an application from issue for new rejections?
When an examiner discovers new grounds for rejection after an application has been allowed, they must follow a specific procedure to request withdrawal from issue. According to MPEP 1308.01:
“When a new rejection is discovered, which obviously is applicable to one or more of the allowed claims in an application in issue, a memorandum is addressed to the Technology Center (TC) Director, requesting that the application be withdrawn from issue for the purpose of applying the new grounds of rejection.”
The process involves:
- Preparing a memorandum to the TC Director
- Citing the rationale for the new rejection
- Including any new references
- Briefly stating the application of the new grounds
If approved, the TC Director will withdraw the application from issue as explained in MPEP § 1308.
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