Key points
- Rule 103(4)(c) specifies in relevant part: “if any request for oral proceedings is withdrawn within one month of notification of the communication issued by the Board of Appeal in preparation for the oral proceedings”
- The present Board indicates that it is not actually requirement that a “communication issued by the Board of Appeal in preparation for the oral proceedings” is issued.
- “Since the [appellant's letter that they would not attend oral proceedings] was sent [after the summons but] before notification of a communication issued by the board of appeal in preparation for the oral proceedings, and no oral proceedings took place, the criteria are met for partial reimbursement of the appeal fee according to Rule 103(4)(c) EPC.”
https://www.epo.org/law-practice/case-law-appeals/recent/t181888eu1.html
10. The board notes however that the appellant's letter announcing that it would not attend the oral proceedings and requesting a decision according to the state of the file is equivalent to a withdrawal of any request for oral proceedings. Since the letter was sent before notification of a communication issued by the board of appeal in preparation for the oral proceedings, and no oral proceedings took place, the criteria are met for partial reimbursement of the appeal fee according to Rule 103(4)(c) EPC.
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