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Case Law of the Boards of Appeal

 
 
2. Filing and admissibility of the appeal

According to Art. 108 EPC a notice of appeal shall be filed in accordance with the Implementing Regulations within two months after the date of notification of the decision. Notice of appeal shall not be deemed to have been filed until the fee for appeal has been paid. The content of the notice of appeal is set out in R. 99 EPC. In view of the future use of electronic means of communication, it was found useful to avoid references to 'in writing' or 'in written form' and leave such regulation to the Implementing Regulations.

The admissibility of an appeal can only be assessed as a whole (T 382/96). There is no support in the EPC for a notion of 'partial admissibility' of an appeal (T 774/97). See also T 509/07.