T 1544/07 (Stabilised peroxidicarbonate/ARKEMA) vom 19.08.2010

If the opponent and sole appellant deliberately refrains from invoking the prohibition of reformatio in peius against a claim request submitted by the Respondent/Patentee which extends the scope beyond that of the claims as maintained by the first instance, the Board does not see any reason why it should apply the principle of the prohibition of reformatio in peius of its own motion. Following the principle of party disposition any right protecting an appellant against an outcome that puts it in a worse position than if it had not appealed, may be waived (volenti non fit iniuria).