筆記
不論在答辯期間，或是訴願期限，總有權利範圍會暫時撤回（withdraw），也就是申請人希望保留卻不提出爭辯的權利範圍，當然此類也可能是限制選擇要求中未被選擇的權項。
根據
MPEP 1214.05規定，這些撤回的權項在審定後將由審查委員刪除，並通知申請人。
1214.05 Cancellation of Withdrawn Claims
Where 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withdrawal is treated as an authorization to cancel the withdrawn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appellant of the cancellation of the withdrawn claims.
在MPEP 1215.03則細節規範審查委員可以執行的相關修訂
在撤回訴願時，相關的權利範圍視同刪除。
上訴人若未能在規定時間（如兩個月內）回應審查委員的核駁意見，訴願程序終結，相關權利範圍也視同刪除。
1215.03 Partial Withdrawal
A withdrawal of the appeal as to some of
the claims on appeal operates as an authorization to cancel those claims
from the application or reexamination proceeding and the appeal
continues as to the remaining claims. The withdrawn claims will be
canceled from an application by direction of the examiner at the time of the withdrawal of the appeal as to those claims. Examiner
may use the following form paragraph to cancel the claims that are
withdrawn from appeal at the time of the withdrawal:
12.121 Withdrawal of Appeal as to Some of the Claims on Appeal
The withdrawal of the appeal as to claims operates as an authorization to cancel these claims from the application or reexamination proceeding. See MPEP § 1215.03. Accordingly, these claims are canceled.
12.179.02 Dismissal Following New Ground(s) of Rejection in Examiner's Answer
Appellant failed to timely respond to the examiner's answer mailed on that included a new ground of rejection mailed on. Under 37 CFR 41.39(b),
if an examiner's answer contains a rejection designated as a new ground
of rejection, appellant must, within two months from the date of the
examiner's answer, file either: (1) a request that prosecution be
reopened by filing a reply under 37 CFR 1.111; or (2) a request that the appeal be maintained by filing a reply brief under 37 CFR 41.41,
addressing each new ground of rejection, to avoid sua sponte dismissal
of the appeal as to the claims subject to the new ground of rejection.
In view of appellant's failure to file a reply under 37 CFR 1.111 or a reply brief within the time period required by 37 CFR 41.39, the appeal as to claims is dismissed, and these claims are canceled.
Only claims remain in the
application. The appeal continues as to these remaining claims. The
application will be forwarded to the Board after mailing of this
communication.
12.186 Dismissal Following A Supplemental
Examiner"s Answer Written in Response to a Remand for Further
Consideration of a Rejection
Appellant failed to timely respond to the supplemental examiner's answer mailed on that was written in response to a remand by the Board for further consideration of a rejection mailed on. Under 37 CFR 41.50(a)(2),
appellant must, within two months from the date of the supplemental
examiner's answer, file either: (1) a request that prosecution be
reopened by filing a reply under 37 CFR 1.111; or (2) a request that the appeal be maintained by filing a reply brief under 37 CFR 41.41,
to avoid sua sponte dismissal of the appeal as to the claims subject to
the rejection for which the Board has remanded the proceeding. In view
of appellant's failure to file a reply under 37 CFR 1.111 or a reply brief within the time period required by 37 CFR 41.50(a)(2), the appeal as to claims is dismissed, and these claims are canceled.
Only claims remain in the
application. The appeal continues as to these remaining claims. The
application will be forwarded to the Board after mailing of this
communication.
Ron
資料來源：bitlaw
