J 0022/86 (Disapproval) vom 07.02.1987

1. In order to comply with Article 108 EPC, the written statement setting out grounds of appeal should set out fully the reasons why the appeal should be allowed and the decision under appeal should be set aside. Exceptionally, where the written statement does not contain such full reasons, the requirement for admissibility may be regarded as satisfied if it is immediately apparent upon reading the decision under appeal and the written statement that the decision should be set aside.

2. If, following a communication under Rule 51(4) EPC, first sentence, the applicant does not expressly communicate his disapproval of the proposed text within the specified three month period, the provisions in the second sentence of Rule 51(4) EPC that the communication of the Examining Division shall be deemed not to have been made, and that examination shall be resumed cannot come into effect. Decision J 12/83 "Inadmissibile appeal/Chugai Seiyaku", point 5, OJ EPO 1/1985, page 6, followed.

3. If, following a communication under Rule 51(4) EPC, first sentence, within the specified three month period the applicant does not communicate his disapproval of the proposed text and does not pay the fees for grant and printing and file translations of the claims as requested in such communication, the application shall be deemed to be withdrawn immediately upon expiry of such three month period. Consequently, following expiry of that period, the Examining Division has no power to issue a decision refusing the application pursuant to Article 97(1) EPC.