What happens if I withdraw my appeal after the reply period has expired?

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.

If you withdraw your appeal after the period for reply to the final rejection has expired, the application will be considered abandoned as of the date the appeal was withdrawn, unless there are allowed claims in the case. The MPEP states:

“Where, after an appeal has been filed and before decision by the Board, an applicant withdraws the appeal after the period for reply to the final rejection has expired, the application is to be considered abandoned as of the date on which the appeal was withdrawn unless there are allowed claims in the case.”

This means that if you withdraw your appeal without having any allowed claims, your application will be abandoned.