T 1008/19 - No withdrawal appeal after decision is announced

Key points

• The appellant / applicant "stated by letter that the appeal was withdrawn" after the "the board had announced its decision to dismiss the appeal and closed the oral proceedings" (but before the decision was issued in writing).
• The Board: "the board's decision became effective on the day of the oral proceedings at which the decision was announced. On that day, the appeal proceedings were terminated []. Given that by virtue of the board's decision the refusal became final and no appeal lies from decisions of the boards, the appellant's submission made after the announcement of the board's decision is without any legal effect" (note, subject to a petition for review).
• "a statement of withdrawal of appeal made by the (sole) appellant after the final decision of the board has been announced at oral proceedings does not relieve the board of its duty to issue and notify to the appellant the decision in writing setting out the reasons for the decision (T 1033/04 [])"
• " Since the withdrawal is without any legal effect and the written decision has to be issued, the appellant is not entitled to the reimbursement of the appeal fee at 25% under Rule 103(4)(b) EPC'
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EPO 

The link to the decision is provided after the jump, as well as (an extract of) the text of the decision.

https://www.epo.org/law-practice/case-law-appeals/recent/t191008eu1.html

Reasons for the Decision

Procedural matters

1. After the board had announced its decision to dismiss the appeal and closed the oral proceedings, the appellant stated by letter that the appeal was withdrawn and that a decision by the board was "thus no longer requested". However, the board's decision became effective on the day of the oral proceedings at which the decision was announced. On that day, the appeal proceedings were terminated (T 843/91, OJ EPO, 1994, 818, Reasons 10). Given that by virtue of the board's decision the refusal became final and no appeal lies from decisions of the boards, the appellant's submission made after the announcement of the board's decision is without any legal effect (T 1518/11, Reasons 2.1).

1.1 Furthermore, a statement of withdrawal of appeal made by the (sole) appellant after the final decision of the board has been announced at oral proceedings does not relieve the board of its duty to issue and notify to the appellant the decision in writing setting out the reasons for the decision (T 1033/04, Reasons 3).

1.2 Since the withdrawal is without any legal effect and the written decision has to be issued, the appellant is not entitled to the reimbursement of the appeal fee at 25% under Rule 103(4)(b) EPC (T 2264/18, Reasons 1).