How should appellants inform the Board about abandoning an appeal or filing an RCE?
Appellants who decide to abandon their appeal, file a request for continued examination (RCE), or refile their application as a continuation should promptly inform the Clerk of the Board in writing. The MPEP provides guidance on this in MPEP 1210:
“To avoid the rendering of decisions by the Board in applications which appellants have decided to abandon, file a request for continued examination (RCE), or to refile as continuations, appellants should promptly inform the Clerk of the Board in writing as soon as they have positively decided to refile, file an RCE, or abandon an application containing an appeal awaiting a decision.”
Important considerations:
- Prompt notification is crucial to avoid unnecessary Board decisions
- The notification should be in writing to the Clerk of the Board
- Failure to act diligently may result in the Board refusing to vacate its decision
For more details on withdrawing appeals, refer to MPEP §§ 1215.01 – 1215.03.
To learn more: