In J 13/11 the appellant requested re-establishment in respect of the time limit for paying the third renewal fee on the last day for doing so and after EPO office hours. The board held that there was no time for the EPO to warn the appellant about the non-payment of the third renewal-fee and surcharge even if the EPO had been in a position to spot this deficiency. The board distinguished the case at issue from T 14/89 (OJ 1990, 432) where the EPO had had ample time, about six weeks before the expiry of the time limit for requesting re-establishment, in which to inform the proprietor of the deficiencies of his request.
See also T 1764/08 (concerning the electronic filing of the notice of appeal on the last day of the time limit) and the cases referred to therein, see below point 3.2.3. See also the case law on missing or insufficient fee payment, point 3.2.2.