Assume in a response to examiner's restriction requirement, an applicant elected Claim 1 and withdrew Claim 2 without traverse.

Then in the following non-final office action, what should the applicant handle the "withdrawn" Claim 2? In response to the non-final office action, what should the preamble of Claim 2? "(Withdrawn) Claim 2" or "(Canceled) Claim 2"? Thanks!

1 Answer 1


Do you want to leave it withdrawn or do you wish to cancel it? Those are two different states and you can chose to leave it withdrawn (easier to bring back after allowance if that is relevant) or cancel it (if you are not going to pursue in this application why not keep things cleaner and get rid of it).

  • Thank you very much!
    – IP_newbie
    Commented Jan 14, 2020 at 5:19

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