T 2481/17 - R.103(4)(a) and decision in writing

 Key points

• “The respondent [patentee, who had originally also filed an appeal] has requested reimbursement of the appeal fee at 25% according to Rule 104(3)(a) EPC. The respondent's request [*] was made more than one month after the notification of a communication issued by the Board of Appeal in preparation for the oral proceedings but before the present decision is issued. For the purposes of application of Rule 103(4)(a) EPC [if the appeal is withdrawn after expiry of the period under paragraph 3(a) but before the decision is announced at oral proceedings] the Board considers it equivalent whether a decision is announced at the oral proceedings or issued in writing. Therefore, the Board considers the respondent's request for partial reimbursement of the appeal fee at 25% justified.”
• (*) the patentee had also withdrawn its appeal more than one month after the preliminary opinion but before the appeal decision was issued in writing. I think the withdrawal of the appeal is relevant.

T 2481/17 - 

https://www.epo.org/law-practice/case-law-appeals/recent/t172481eu1.html

7. Reimbursement of the Appeal Fee

The respondent has requested reimbursement of the appeal fee at 25% according to Rule 104(3)(a) EPC. The respondent's request was made more than one month after the notification of a communication issued by the Board of Appeal in preparation for the oral proceedings but before the present decision is issued. For the purposes of application of Rule 103(4)(a) EPC, the Board considers it equivalent whether a decision is announced at the oral proceedings or issued in writing.

Therefore, the Board considers the respondent's request for partial reimbursement of the appeal fee at 25% justified.