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The European Patent Convention

 
 

Rule 100[ 95 ]
Examination of appeals

Unless otherwise provided, the provisions relating to proceedings before the department which has taken the decision impugned shall apply to appeal proceedings. 
(2)
In the examination of the appeal, the Board of Appeal shall invite the parties, as often as necessary, to file observations, within a period to be specified, on communications issued by itself or observations submitted by another party. 
(3)
If the applicant fails to reply in due time to an invitation under paragraph 2, the European patent application shall be deemed to be withdrawn, unless the decision impugned was taken by the Legal Division.
 
See decisions of the Enlarged Board of Appeal G 7/91, G 8/91, G 9/91, G 10/91, G 9/92, G 8/93, G 10/93, G 6/95, G 1/99, G 3/99 (Annex I).
See the notice from the Vice-President DG 3 concerning acceleration of appeal proceedings (OJ EPO 2008, 220).
References

Art. 110, 111
R. 102, 111

 
Cross-reference list
EPC EPC 1973
R. 100Art. 110(2), (3); R. 66(1)