|European Case Law Identifier:||ECLI:EP:BA:2006:T070205.20060105|
|Date of decision:||05 January 2006|
|Case number:||T 0702/05|
|IPC class:||A61B 5/05|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Optical techniques for examination of biological tissue|
|Applicant name:||NON-INVASIVE TECHNOLOGY, INC.|
|Relevant legal provisions:||
|Keywords:||Withdrawal of appeal
Reimbursement of appeal fee (no)
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.