T 0343/02 (Scanning system/PRIMAX) vom 20.01.2003

Payment of appeal fee by cheque into EPO's Euro-account in London - small amount lacking due to deduction of bank charges
Admissibility of appeal (yes)

1. Overlooking an underpayment of the appeal fee of less than two percent is justified pursuant to Article 9(1), last sentence, Rules Relating to Fees if this underpayment is due to the unexpected deduction of bank charges from the correct amount paid by cheque into the Euro account of the EPO in a country not having adopted the Euro system.
2. The notice of appeal referring to details of payment of the appeal fee and the fact of paying more than 98 percent of the appeal fee in time give clear indications within the meaning of G 2/97 that payment of the appeal fee was intended so that the principle of good faith obliges the EPO to notify the appellants if there is sufficient time to react before expiry of the period for payment.