T 0473/91 (Jurisdiction) vom 09.04.1992

The admissibility question under Article 109 EPC only falls under the jurisdiction of the department of first instance when this question can be decided immediately on the basis of the appeal submissions themselves (Notice of Appeal and Statement of Grounds, date of payment of the appeal fee). Consequently, the appellate instance has exclusive jurisdiction over a request for restitutio in integrum into a time limit relating to the appeal itself (Article 108 EPC). The same instance then decides the admissibility issue accordingly (Article 110(1) EPC in conjunction with Rule 65(1) EPC).