T 1369/18 - In effect withdrawing appeal

Key points

• “By withdrawing the main request for maintenance of the patent as granted []  and requesting as a new main request []  the maintenance of the patent in the amended form which was allowed by the opposition division and thus the dismissal of the opponent's appeal, the patent proprietor has, in effect, withdrawn its appeal before a decision was issued. The patent proprietor is thus entitled to a reimbursement at 25% of the appeal fee according to Rule 103(4)(b) EPC.” 
• This decision may be contrasted with T0777/15 finding that for a refund under R.103(4)(c) it is not enough that the Board can accede to the applicant's main request when the applicant withdraws higher ranking requests. 

T 1369/18 - 

https://www.epo.org/law-practice/case-law-appeals/recent/t181369eu1.html

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