Prosecution Pointer 270

In order to file an express abandonment to avoid publication, applicant may file a petition to abandon an application to avoid publication under 37 CFR 1.138(c) and the fee set forth in 37 C.F.R. 1.17(h) if there is sufficient time (i.e., more than 4 weeks) to permit the appropriate officials to recognize the abandonment and remove the application from the publication process. The petition will not be granted unless the petition and the fee are received more than four weeks prior to the projected date of publication (found on the filing receipt).

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