J 0027/92 (Media Storage System) of 20.05.1994

I. The principle of good faith governing relations between the EPO and applicants applies to courtesy services provided by the EPO. Where such service has been rendered, an applicant is entitled to rely upon its content if the communication from the EPO was the direct cause of the action taken and, on an objective basis, it was reasonable for the appellant to have

been misled by the information. These principles apply not only to written communications but also to oral communications by the EPO, (paragraphs 3.1 to 3.3 of the Reasons for the Decision).

II. Rule 85b EPC does not take precedence over application of Article 9(1), fourth sentence, of the Rules relating to Fees (J 11/85 (OJ EPO, 1986, 1) followed; see paragraphs 4.1 and 4.2 of the Reasons for the Decision).

III. It is reasonable to define the concept of a "small amount lacking" in Article 9(1), fourth sentence, Rules relating to Fees, as a fixed proportion of the amount of the particular fees to be paid. At most 20% of the fee to be paid may be regarded as small within the meaning of the said provision (T 290/90 (OJ EPO 1992, 368) followed; T 905/90 (OJ 1993 Special Edition, 69) distinguished; see paragraph 5.6 of the Reasons for the Decision).