1501.03 Withdrawal of Refusal or Requirement After Appeal
If, after considering the applicant’s brief or reply brief, the examining attorney believes that the requirement or refusal should be withdrawn, the examining attorney should withdraw the requirement or refusal and approve the application for publication or issue, if it is otherwise in condition for such action. The examining attorney should notify the applicant by telephone or e‑mail that the requirement or refusal is withdrawn, and should enter an appropriate Note to the File in the record. This may be done at any time before the Board’s decision on appeal. It is not necessary to notify the Board that the refusal or requirement has been withdrawn.
If there is more than one ground of refusal and one ground should be withdrawn, that refusal should be withdrawn and the appeal should go forward on the remaining ground(s). The following language should be included in the examining attorney’s brief, informing the applicant of the withdrawal of the refusal or requirement:
The examining attorney acknowledges receipt of the applicant’s appeal brief. The examining attorney has withdrawn [specify the refusal or requirement].