1713.01 Standard of Review
Under 37 C.F.R. §2.65(a), an application may become abandoned when an applicant’s response, although received within the six-month response period, is incomplete. See TMEP §§718.03 et seq. regarding incomplete responses.
When an examining attorney holds an application abandoned because the applicant’s response is incomplete, the applicant may petition the Director to reverse the holding under 37 C.F.R. §2.146. See TMEP §718.02(a) regarding partial abandonment for failure to respond completely to a final refusal or final requirement that is expressly limited to only certain goods/services/class(es) and TMEP §718.03(a) for failure to respond completely in all other situations.
However, the Director will reverse the examining attorney’s holding of abandonment only if there is clear procedural error or abuse of discretion (see TMEP §706.01). In re GTE Education Services, 34 USPQ2d 1478 (Comm’r Pats. 1994); In re Legendary, Inc., 26 USPQ2d 1478 (Comm’r Pats. 1992). Note: The "unintentional delay" standard for reviving abandoned applications pursuant to 37 C.F.R. §2.66(a) does not apply to applications held abandoned because a response was deemed incomplete under 37 C.F.R. §2.65(a). See TMEP §1714.01(f)(ii).