To withdraw from issue a utility or plant application, an applicant may wish to file a petition under 37 CFR 1.313(c)(2) with a RCE or under 37 CFR 1.313(c)(3) Yes, a patent application can be withdrawn from issue even after payment of the issue fee.However, the process and requirements differ based on the timing. To request that the Office withdraw an application from issue, applicant must file a petition under this section including the fee set forth in § 1.17(h). A restriction requirement is like manna from heaven. File a continuation application and pursue the withdrawn claims separately. A pending application can be abandoned, and no patent will issue. In this situation, there's no patent - valid or otherwise. The application you are asking about was withdrawn after publication and never was granted. This means there isn't a patent and there is no patent protection.