When is an application considered abandoned?
An application is considered abandoned after midnight of the date on which the set shortened statutory period, including any extensions under 37 CFR 1.136, expired. This is typically the end of the 3-month shortened statutory period.
As stated in MPEP 711.04(a): “If the application is abandoned, the date of the abandonment is after midnight of the date on which the set shortened statutory period, including any extensions under 37 CFR 1.136, expired.”
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