Article 109 78
(1) If the department whose decision is contested considers the appeal to be admissible and well founded, it shall rectify its decision. This shall not apply where the appellant is opposed by another party to the proceedings.
(2)79 If the appeal is not allowed within three months after receipt of the statement of grounds, it shall be remitted to the Board of Appeal without delay, and without comment as to its merit.
78 See decision of the Enlarged Board of Appeal G 3/03 (Annex I).
79 Amended by decision of the Administrative Council of 10.12.1998 which entered into force on 01.01.1999 (OJ EPO 1999, 1 ff).
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