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Case Law of the Boards of Appeal

 
 
8.2. Allowability of the appeal

R. 103 EPC stipulates as a precondition for reimbursement that the appeal must be allowable. It is clear from the wording and purpose of the provision that "allowable" is to be understood to mean that the board of appeal, in substance at least, "follows" the relief sought by the appellants, in other words allows their requests (J 37/89, OJ 1993, 201; T 863/08; T 1111/09). The fact that the appeal is allowed only in part is no impediment to a refund (J 18/84, OJ 1987, 215; see also T 129/01; T 604/01; T 863/08).