T.M.E.P. § 716.03
Applicant's Request to Remove Application from Suspension

Executive summary:

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716.03 Applicant's Request to Remove Application from Suspension

If an examining attorney suspends action on an application, and the applicant believes the suspension is improper, the applicant may file a request to remove the application from suspension. The applicant should state the reasons for the belief that the suspension is improper and attach any relevant evidence.

If persuaded by the request, the examining attorney should remove the application from suspension, resume examination of the application, and take appropriate action.

If not persuaded by the request, the examining attorney should issue a new suspension action that addresses the applicant's arguments and explains the reasons why the request is not granted. The applicant's recourse is to file a petition to the Director to review the examining attorney's action continuing the suspension. The Director will reverse the examining attorney's action only if there is clear error or abuse of discretion. See TMEP §Chapter 1700 for information about petitions.