T.M.E.P. § 1501.03
Withdrawal of Refusal or Requirement After Appeal

Executive summary:

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1501.03 Withdrawal of Refusal or Requirement After Appeal

If, after considering the appellant's brief or reply brief, the examining attorney believes that the requirement or refusal is not tenable, 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 The examining attorney should notify the applicant by telephone that the requirement or refusal is withdrawn, and should make an appropriate note to the file. 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 It is not necessary to notify the Board that the refusal or requirement has been withdrawn.

If there is more than one ground of refusal and one ground is no longer tenable, that refusal should be withdrawn and the appeal should go forward on the remaining ground(s). The following language is appropriate for informing the appellant of the withdrawal of the refusal or requirement in such a case:

The examining attorney acknowledges receipt of the applicant's appeal brief. The examining attorney has withdrawn [specify the refusal or requirement].