T 1278/23 - Re-establishment

Key points

• The proprietor missed the time limit for filing a notice of appeal (and paying the appeal fee, i.e. filed neither a notice of appeal nor paid the appeal fee) and the time limit for filing a Statement of grounds.
• The proprietor files two re-establishment requests (not on the same date, incidentally).
• The re-establishment request for the appeal period was rejected because "all due care" was not proven. The appeal fee, paid with the re-establishment request, is reimbursed.
• There is only one re-establishment fee due for the appeal fee and the Notice of appeal together. 
• The re-establishment request for the statement of ground is rejected as inadmissible. The (second) re-establishment fee paid for this re-establishment request is not refunded.

EPO 

The link to the decision  can be found after the jump.

https://www.epo.org/de/boards-of-appeal/decisions/t231278du1