European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:1995:T069695.19951116|
|Date of decision:||16 November 1995|
|Case number:||T 0696/95|
|IPC class:||F25B 9/00
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Cryogenic cooling apparatus|
|Applicant name:||British Technology Group Ltd.|
|Relevant legal provisions:||
|Keywords:||Form of appeal - in existance (no)
Missing statement of grounds
Summary of Facts and Submissions
I. European patent application No. 91 905 237.3 (EP-A-0 516 724) was refused by decision of the Examining Decision dated 22 March 1995.
II. On 1 May 1995 an appeal fee was paid. No notice of appeal was filed.
III. By telefax of 31 October 1995, the Appellant informed the Board that the appeal fee had been paid in error, since he had abandoned any interest in the application. He therefore requested that the appeal fee be refunded.
Reasons for the Decision
1. Since no notice of appeal has been filed within two months after the date of notification of the decision to refuse the application in accordance with Article 108 EPC, no appeal has ever existed, payment of the appeal fee not in itself constituting the valid filing of the appeal, (see decision T 371/92, OJ 95, 324). Under these circumstances the appeal fee is to be reimbursed.
For these reasons it is decided that:
Reimbursement of the appeal fee is ordered.