What must be true if you want to retract a Notice of Appeal?

To successfully retract a Notice of Appeal, it is essential to file a Request for Continued Examination (RCE) without any accompanying submission. This process is defined under the guidelines established by the United States Patent and Trademark Office (USPTO). When an applicant wants to withdraw an appeal, the filing of an RCE serves as a means to redirect the prosecution of the application rather than proceed with the appeal. By not including an additional submission with the RCE, the applicant clearly expresses the intention to withdraw the appeal and continue with the examination of the application.

In contrast, the other options do not accurately reflect the requirements for retracting a Notice of Appeal. For instance, it is not necessary for the application to have allowed claims, nor is it a requirement that there be no rejected claims. Additionally, submitting new evidence is not a prerequisite for retracting a Notice of Appeal. The primary requirement is the proper submission of an RCE without any additional submissions.