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The European Patent Convention

 
 

Article 109[ 121 ]
Interlocutory revision

(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)
If the appeal is not allowed within three months of receipt of the statement of grounds, it shall be remitted to the Board of Appeal without delay, and without comment as to its merit. 
 
See decision of the Enlarged Board of Appeal G 3/03 (Annex I).
References

R. 103