What authority does the examiner have when an appeal is withdrawn?

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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 When an appeal is withdrawn, the examiner gains specific authority regarding the appealed claims. The MPEP 1215.02 states: “[T]he withdrawal of the appeal… is considered a withdrawal of the appeal as to those claims and authority to the examiner to cancel the same.” This means that upon withdrawal of the appeal, the examiner has the power to cancel the previously appealed claims. However, this authority does not extend to the allowed claims in the application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Application Abandoned on Appeal Withdrawal MPEP 1215.01 Recommended Allowed Claims Retained, Dependent Claims Rejected MPEP 1215.01 Board Handles Appeal Withdrawal After Transfer MPEP 1215.01 RCE Requirement for Withdrawal of Appeal MPEP 1215.01 Permitted Application Abandoned if No Allowed Claims After Appeal Withdrawal MPEP 1215.01 Recommended Claims 2 and 3 Cancelled, Claim 1 Issued Only MPEP 1215.01 Recommended Claims 1 and 2 Cancelled, Claim 3 Allowed MPEP 1215.01 Recommended Rejected Claims Abandon Application MPEP 1215.01 RCE Without Fee or Submission Treats as Appeal Withdrawal MPEP 1215.01 Effective Abandonment Date Determined by Official Recognition MPEP 1215.01 Other Related FAQs 5 FAQs Collapse Does withdrawing an appeal abandon the entire patent application? What is the difference between withdrawing an appeal and abandoning an application? How can an applicant withdraw appealed claims? What are the consequences of failing to file an appeal brief within the specified time period? What are the consequences of withdrawing a patent appeal?