[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR97.20]

[Page 260]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, 
       MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
 
PART 97_PLANT VARIETY AND PROTECTION--Table of Contents
 
Sec. 97.20  Abandonment for failure to respond within the time limit.

    (a) Except as otherwise provided in Sec. 97.104, if an applicant 
fails to advance actively his or her application within 30 days after 
the date when the last request for action was mailed to the applicant by 
the Office, or within such longer time as may be fixed by the 
Commissioner, the application shall be deemed abandoned. The application 
fee in such cases will not be refunded.
    (b) The submission of an amendment to the application, not 
responsive to the last request by the Office for action, and any 
proceedings relative thereto, shall not operate to save the application 
from abandonment.
    (c) When the applicant makes a bona fide attempt to advance the 
application, and is in substantial compliance with the request for 
action, but has inadvertently failed to comply with some procedural 
requirement, opportunity to comply with the procedural requirement shall 
be given to the applicant before the application shall be deemed 
abandoned. The Commissioner may set a period, not less than 30 days, to 
correct any deficiency in the application.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995]