2.6.9 No partial admissibility of appeal

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). The board in T 509/07 thus found it immaterial for the purposes of the admissibility of the appeal whether or not sufficient grounds relating to the main request had been submitted, where the first auxiliary request clearly complied with the admissibility requirements of Art. 108, third sentence, EPC - where these requirements are fulfilled at least in respect of one request, the appeal as a whole will be admissible. However, it is a different question whether a request in relation to which the admissibility requirements of Art 108, third sentence, EPC are not met is admitted into the appeal proceedings. In T 382/96 and T 509/07, such unsubstantiated requests were not admitted. See also T 1763/06.

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