[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: 7CFR97.23]

[Page 260-261]
 
                          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. 97.23  Voluntary withdrawal and abandonment of an application.

    (a) An application may be voluntarily withdrawn or abandoned by 
submitting to the Office a written request for withdrawal or 
abandonment, signed by the applicant or his or her attorney or agent of 
record, if any, or the assignee of record, if any.
    (b) An application which has been voluntarily abandoned may be 
revived within 3 months of such abandonment by the payment of the 
prescribed fee and a showing that the abandonment occurred without 
fraudulent intent.
    (c) An original application which has been voluntarily withdrawn 
shall be returned to the applicant and may be reconsidered only by 
refiling and payment of a new application fee.
    (d) Transitional provision. An applicant whose application is 
pending on April 4, 1995, may notify the Plant Variety Protection Office 
in writing that he or she wishes to withdraw the application and refile 
it under the Plant Variety Protection Act as amended in

[[Page 261]]

1994. Payment of the current application fee is required but no other 
formalities are necessary.

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