What authority does the examiner have when an appeal is withdrawn?

When an appeal is withdrawn, the examiner gains specific authority regarding the appealed claims.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.

To learn more:

• patent examiner authority
• appeal withdrawal
• claim cancellation
• patent procedure