T 0047/90 (Remittal) vom 20.02.1990

An appeal may be considered as well founded for the purpose of Article 109(1) EPC if an appellant no longer seeks grant of the patent with text as refused by the Examining Division, but proposes substantial amendments to the text which are clearly intended to overcome the objections raised in the decision under appeal (following Decision T 139/87 - 3.2.1 "Governor valve/BENDIX", OJ EPO 1990, 68).