716.06 Suspension After Final Action
If the examining attorney determines that action on an application should be suspended after issuance of a final refusal, the examining attorney must issue a suspension notice. This may occur, for example, when the applicant files a petition to cancel a cited registration or in the limited circumstance in a Section 1(b) application when the applicant files a timely "insurance" extension request but the time period for responding to the Office action may expire before the end of the extension period for the statement of use. See TMEP §§716.02(a) and (f), 1109.16(d). The examining attorney should not "withdraw the finality" of the refusal in order to suspend; however, in the suspension notice, the examining attorney should inform the applicant that the refusal of registration is continued but that it is not necessary to respond to the final refusal until the application is removed from suspension.
If the application is eventually removed from suspension and the grounds for refusal remain operative, the examining attorney should issue a "Subsequent Final Action," thereby reissuing the final refusal. See TMEP §711 regarding the deadline for response to an Office action. It is inappropriate to remove the case from suspension and immediately declare the application abandoned.