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

To retract a Notice of Appeal effectively, it is essential to understand the procedural requirements set forth by the United States Patent and Trademark Office (USPTO). The correct answer highlights the stipulation that a Request for Continuing Exam (RCE) must be filed without an accompanying submission.

When an applicant submits a Notice of Appeal, it indicates their intention to challenge the rejection of claims. However, if the applicant decides to retract that appeal, filing an RCE is a way to shift the focus back to examination. Importantly, this RCE must be submitted without any new accompanying documents or amendments; otherwise, it signals a change in the claims or position that disrupts the contemplation of retracting the appeal.

This process also implies that the applicant is seeking reconsideration from the examiner rather than pursuing an appeal to the Patent Trial and Appeal Board (PTAB), and the straightforward nature of the RCE without added submissions ensures clarity in the applicant's intent to explore the examination stage rather than the appeal stage.

Overall, filing the RCE without additional submissions is aligned with the prescribed procedures for retracting a Notice of Appeal, ensuring that the application can be reconsidered by the examiner based on the existing record.