T 0833/17 - Partial reimbursement appeal fee

 Key points

• Rule 103(4)(a) specifies that the appeal fee is reimbursed at 25% " if the appeal is withdrawn after expiry of the period under paragraph 3(a) but before the decision is announced at oral proceedings;"
• In this case, appellant 1 withdraws the appeal its appellant 2 withdraws its request for oral proceedings, the oral proceedings are cancelled.
• The Board: “Since, in the current case, no oral proceedings took place, the withdrawal also occurred before a decision could be announced at oral proceedings. Thus the requirements of Rule 103(4)(a) EPC are met and the appeal fee is to be reimbursed at 25%.”

EPO T 0833/17 - link

VIII. On 2 April 2020, the Board notified to the parties its preliminary opinion in a communication pursuant to Article 15(1) RPBA.

IX. By letter dated 20 July 2020, appellant 2 withdrew its request for oral proceedings. By letter dated 21 August 2020, appellant 1 withdrew its appeal and requested a reimbursement of its appeal fee. The oral proceedings were cancelled.

7. Refund of the appeal fee

By letter dated 21 August 2020, appellant 1 withdrew its appeal and requested a reimbursement of its appeal fee in accordance with Rule 103(4)(a) EPC.

Rule 103(4)(a) EPC, in its version as in force since 1 April 2020, provides for a reimbursement of the appeal fee at 25% if the appeal is withdrawn after expiry of the period under paragraph 3(a) - which was the case here - and before a decision was announced at the oral proceedings.

Since, in the current case, no oral proceedings took place, the withdrawal also occurred before a decision could be announced at oral proceedings. Thus the requirements of Rule 103(4)(a) EPC are met and the appeal fee is to be reimbursed at 25%.

Order

For these reasons it is decided that:

1. The appeal is dismissed.

2. 25% of appellant 1's appeal fee is to be reimbursed.