However, the Portuguese manager is expected to take his seat on the touchline for Sunday's derby with Premier League champions and leaders Manchester City as the appeal hearing will not take place before the global break.
Mourinho was charged by the FA with using "abusive, insulting or improper" language while he looked into a television camera after the 3-2 victory over Newcastle at Old Trafford on October 6.
This context is acknowledged in the written reasons for the Commission's decision to find the FA charge against the Manchester United manager not proven.
English football's governing body had expressed surprise at the decision to clear Mourinho, made by the three-person panel, after they had used a lip reader to support the case that his remarks were offensive.
In reply to the charge, Mourinho produced his own expert report from Simao Valente, an Assistant Professor at the University of Lisbon and "an expert in the Portuguese language, including colloquialisms".
Xavier alleges Mourinho said said "Vós sois uns filhos da puta" twice, which translates as "sons of a whore".
An independent regulatory commission found the case "not proven" but in a written decision published on Wednesday, the FA chose to appeal, with Mourinho facing the prospect of a touchline ban if he is found guilty.
He argued the phrase "filhos da puta" - literally "sons of a whore" - should be more contextually translated as a phrase like "hell yeah".
Mourinho was alleged to have said something "abusive and/or insulting and/or improper" to the TV camera.
The FA say they do not accept that reasoning and believe Mourinho used the words to cause offence.
It led the commission to rule: "We find that JM (Jose Mourinho) was celebrating victory without aiming the words at anyone in particular". The words mouthed were a Portuguese colloquial profanity.
The commission continued: "We do not consider JM's language constituted abusive or insulting or improper act so that it was in breach of FA Rule E3, therefore on the balance of probabilities the charge is unanimously not proved".
Mourinho could well face questions about the appeal after United's match away to Italian giants Juventus in the Champions League later Wednesday.
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