T 0152/85 (Unpaid opposition fee) vom 28.05.1986

1. Failure to pay a fee within a required time limit, when payment was intended, is a mistake of fact which cannot be corrected under Rule 88 EPC, first sentence.

2. Before the EPO can appropriate funds from a particular deposit account in payment of a fee, it must be possible to derive a clear and unambiguous intention to pay that fee from a particular identified deposit account.

3. Where responsibilities for deciding whether to carry out an act such as payment of a fee within a time limit lies with a person, there is no obligation upon the EPO to remind the person prior to expiry of the time limit, even when the person holds a deposit account with the EPO.