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Case Law of the Boards of Appeal

 
 
6.3.3 Board's powers to decide on issues after withdrawal of the appeal

If the sole appellant says he has withdrawn his appeal, but the parties are in dispute as to whether he did so admissibly, then the board is empowered to rule on that issue (T 659/92, OJ 1995, 519).

After withdrawal of an appeal it is still permissible to decide on ancillary questions (T 85/84). Thus in T 21/82 (OJ 1982, 256), J 12/86 (OJ 1988, 83), T 41/82 (OJ 1982, 256) and T 773/91, the board of appeal dealt with requests for reimbursement of the appeal fee filed after withdrawal of the appeal, and in T 117/86 (OJ 1989, 401), T 323/89 (OJ 1992, 169), T 614/89 and T 765/89 with requests for apportionment of costs.