How should an examiner handle withdrawn rejections in an Examiner’s Answer?

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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 When handling withdrawn rejections in an Examiner’s Answer, an examiner should: List withdrawn rejections under the subheading “WITHDRAWN REJECTIONS” Explain which rejections are being withdrawn and why Update the status of affected claims if all rejections on a claim are withdrawn The MPEP states: “ Under the subheading ‘WITHDRAWN REJECTIONS,’ the examiner should list any grounds of rejection that are being withdrawn (e.g., those that have been overcome by appellant.)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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Approval Required for New Grounds of Rejection MPEP 1207.01 Required Director Approval Required for New Grounds of Rejection MPEP 1207.01 Required Requirement for New Ground of Rejection in Answer MPEP 1207.03(b) Prohibited Incorporation of Rejection Grounds in Examiner’s Answer MPEP 1207 Address New Rejections in Reply Brief MPEP 1207 Required No Time Extensions for Examiner’s Answer Period MPEP 1207 List Appeal Conferees on Examiner's Answer MPEP 1207.01 Recommended Designate New Ground of Rejection Clearly MPEP 1207.01 Required Examiner’s Answer Must Address Appeal Brief Arguments MPEP 1207.02 Recommended Requirement for Responding to New Grounds of Rejection Without Petition MPEP 1207.03(b) Recommended Other Related FAQs 5 FAQs Collapse What is a new ground of rejection in patent examination? What constitutes a new ground of rejection in patent examination? What are examples of actions that do not constitute a new ground of rejection in an Examiner&#8217;s Answer? Can affidavits or other evidence be submit...