T 1089/24 - Oral proceedings and remittal

Key points

• In reply to the written opinion of the Board, the appellant in this opposition case wrote, inter alia, that "Oral proceedings were requested, should the Board not intend to remit the case to the opposition division."
• "Oral proceedings were cancelled and the parties informed accordingly."
• The Board remits the case. 
• "6. Since the appellant's withdrawal of the request for oral proceedings [*] was made within one month of notification of the communication issued by the Board in preparation for the oral proceedings, both conditions of Rule 103(4)(c) EPC, that any request for oral proceedings is withdrawn within one month of notification of the communication issued by the Board of Appeal in preparation for the oral proceedings and no oral proceedings take place, are met. Hence, 25% of the appeal fee is to be reimbursed to the appellant."
• [*] - the withdrawal of the request for oral proceedings is the modification of the request. 
• This is in line with T 2285/19. 

EPO 

The link to the decision is provided after the jump.

https://www.epo.org/en/boards-of-appeal/decisions/t241089eu1