How does an examiner request withdrawal of an application from issue for new rejections?

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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. 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in issue, a memorandum is addressed to the Technology Center (TC) Director, requesting that the application be withdrawn from issue for the purpose of applying the new grounds of rejection.”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 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Memorandum for New Grounds of Rejection After Allowance MPEP 1308.01 Recommended New Rejection Memorandum for Withdrawal from Issue MPEP 1308.01 Notice of Withdrawal From Issue When Fee Paid MPEP 1308 Required Petition to Withdraw Application from Issue Must Be Directed to TC Director MPEP 1308 Recommended Requirement for Withdrawal from Issue MPEP 1308 Petition for Withdrawal from Issue Requires Specific Defect MPEP 1308 Recommended Petition for Withdrawing Application from Issue MPEP 1308 Required Director May Withdraw Application from Issue MPEP 1308 Permitted Petition Grant Withdraws Application from Issue MPEP 1308 Petition for Withdrawal from Issue Upon Office Initiative or Applicant Request MPEP 1308 Permitted Other Related FAQs 5 FAQs Collapse Can a previously paid issue fee be applied to a new Notice of Allowance? What actions do...