MPEP § 1215.02 — Claims Standing Allowed

Ninth Edition, Revision 01.2024 · last revised R-08.2012

If an application contains allowed claims, as well as claims on appeal, the withdrawal of the appeal does not operate as an abandonment of the application, but is considered a withdrawal of the appeal as to those claims and authority to the examiner to cancel the same. An amendment canceling the appealed claims is equivalent to a withdrawal of the appeal.