8.4.1 Requirements

Pursuant to Art. 109 EPC a department whose decision is contested must rectify its decision if it considers the appeal admissible and well founded; this applies in ex parte cases only. R. 103 EPC (R. 67 EPC 1973) provides for reimbursement of the appeal fee in the case of interlocutory revision. The grant of interlocutory revision constitutes a necessary, but not sufficient, prerequisite for the department of first instance to allow a request for the reimbursement of appeal fees (T 1222/04). The words "if such reimbursement" within the meaning of the rule refer both to interlocutory revisions and appeals; this means that in the event of interlocutory revision, too, it is a prerequisite that a substantial procedural violation has occurred and that reimbursement is found equitable in the discretion of the deciding body (T 939/95, OJ 1998, 481; see also T 79/91, T 536/92).

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