4.1.7 Postponement in order to avoid adverse decision of the board

In T 1053/06 the reasons given by the appellant/applicant for requesting postponement of the oral proceedings clearly indicated that the appellant had chosen not to pursue the case further and would prefer its patent application to be lost for non-payment of the next renewal fee at a later date rather than by an adverse decision of the board now. Those reasons had to do solely with the convenience of the appellant, which, until it received the board's negative preliminary opinion, had preferred to pursue the appeal proceedings and had indeed itself requested oral proceedings. The board refused the request for postponement.

Quick Navigation