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T 0702/05 () of 5.1.2006

European Case Law Identifier: ECLI:EP:BA:2006:T070205.20060105
Date of decision: 05 January 2006
Case number: T 0702/05
Application number: 95942539.8
IPC class: A61B 5/05
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 51.874K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Optical techniques for examination of biological tissue
Opponent name: -
Board: 3.2.02
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 67
Keywords: Withdrawal of appeal
Reimbursement of appeal fee (no)


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appellant (applicant) lodged an appeal, received on 1 February 2005 against the decision of the Examining Division dispatched on 23 November 2004 on the refusal of the application No. 95 942 539.8. On 1 February 2005 the appeal fee was paid.

II. With letter received on 3 February 2005, the appellant requested to disregard the Notice of appeal received on 1 February 2005 and to refund the appeal fee.

Reasons for the Decision

1. The notice of appeal and the appeal fee have been filed within the time limit provided for by Article 108 EPC. The appeal is therefore considered to have been filed.

2. With his declaration on 3 February 2005, however, the appellant withdraw his appeal. The appeal procedure is therefore closed without a substantive decision.

3. According to Rule 67 EPC, the appeal fee shall be reimbursed in the event of interlocutory revision or where the Board of Appeal deems an appeal to be allowable, if such reimbursement is equitable by reason of a substantial procedural violation. In the present case, the conditions provided for by Rule 67 EPC are not fulfilled. The request for reimbursement of the appeal fee is therefore to be refused.


For these reasons it is decided that:

1. The appeal procedure is closed.

2. The request for reimbursement of the appeal fee is refused.

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