T 0939/95 (Time limit for rectification) vom 23.01.1998

Under Article 109(2) EPC a file must be remitted to the boards of appeal without delay and without comments as to its merits, if the decision under appeal is not rectified within one month after receipt of the statement of grounds for the appeal. Therefore, if further separate issues - such as reimbursement of the appeal fee - arise out of the appeal, the instance in charge of the case is obliged under Article 109(2) EPC to take a separate decision on rectification before the end of the one month time period, as soon as it realises that a decision on any further issue cannot be taken within that period.