MPEP 1214.05
Cancellation of Claims Not Appealed

Ninth Edition of the MPEP, Revision 07.2022, Last Revised in February 2023

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1214.05    Cancellation of Claims Not Appealed [R-11.2013]

Pursuant to 37 CFR 41.31(c), an appeal is presumed to be taken from the rejection of all claims. Where, in an appeal brief filed before January 23, 2012, an appellant withdraws some of the appealed claims (i.e., claims subject to a ground of rejection that the appellant did not present for review in the brief), and the Board reverses the examiner on the remaining appealed claims, the withdrawal is treated as an authorization to cancel the withdrawn claims. It is necessary for the examiner to notify the appellant of the cancellation of the withdrawn claims. See MPEP § 1205.02.