Any statement of withdrawal must be unqualified and unambiguous. It may, however, be conditional upon, e.g. avoidance of publication or refund of the examination fee.
If such a statement of withdrawal is made orally during oral proceedings, then either a handwritten signed confirmation should be submitted during the proceedings or the Division should confirm the withdrawal in the minutes and read out the corresponding passage for confirmation in the oral proceedings. The withdrawal has effect from the date of the oral proceedings.
Where a patent application has been refused by the Examining Division, proceedings are still pending until the expiry of the period for filing an appeal. On the day after, proceedings are no longer pending if no appeal is filed. Therefore, an application which is refused during oral proceedings can still be withdrawn in this period.