Arsene Wenger has yet to decide if Arsenal will appeal against the two charges of improper conduct levelled against Cesc Fabregas by the Football Association.
Gunners captain Fabregas has been charged as a result of his behaviour in the aftermath of the 2-1 FA Cup quarter-final win over Hull at Emirates Stadium on 17th March.
The Spain international did not play in the fixture due to a knee injury, but he was on the pitch after the final whistle and it was alleged he spat at Tigers assistant Brian Horton.
Fabregas denied any wrongdoing and, after studying reports and video evidence, Wenger maintains that there is not a case against the midfielder, who could be suspended if the charges are proven.
But the Arsenal boss has hinted that the club will not appeal before a deadline of 12th May, saying: "Fabregas has been charged for improper conduct on the night.
"I always said we are always very open to co-operate with any investigation.
"I personally looked at the reports, at the video evidence and there is nothing in there against Cesc. I don't know if we will appeal - I will see what we can do about that.
"At the start, I am not a great fan of appealing because I said we are very open to co-operate and now I don't think we should stop that.
"I am very positive that there was enough evidence in what I have seen that the case should have been dropped."
Meanwhile, Wenger accepts that his injury-hit rearguard needs to improve when Middlesbrough arrive in North London on Sunday lunchtime.
Arsenal, who could be boosted by the return to fitness of goalkeeper Manuel Almunia and Johan Djourou, were held to a late 4-4 draw at Liverpool in their last Premier League outing and Wenger expects enhanced decision-making.
"The game is made of good and bad decisions and it is sometimes good just to clear the ball," he said.
"However, I still believe the basic rule is to be constructive out from the back and that is what we try to do.
"But of course when sometimes you have to kick the ball into the stand to keep the result, I encourage the players to do it. It has to be the best decision of the time."
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