J 0003/87 (Membranes) vom 02.12.1987

1. The principles of good faith governing relations between the EPO and applicants require communications to be clear and unambiguous to the applicant (cf. decision J 2/87 of 20 July 1987, OJ EPO 1988,330). Communications must be worded so as to rule out any misunderstanding on the part of a reasonable addressee.

2. A party to proceedings before the EPO cannot suffer a disadvantage as a result of having been misled by a communication which could fairly be regarded as misleading to a reasonable addressee.

3. An examination fee surcharge which would not have become due in the absence of a misleading communication must accordingly be reimbursed in accordance with the principles of good faith.