J 0030/94 of 09.10.1995
- European Case Law Identifier
- ECLI:EP:BA:1995:J003094.19951009
- Date of decision
- 9 October 1995
- Case number
- J 0030/94
- Petition for review of
- -
- Application number
- 81103893.4
- IPC class
- H01L 27/08
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Semiconductor drive
- Applicant name
- KABUSHIKI KAISHA TOSHIBA
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 109(2) 1973European Patent Convention Art 21(3)(a) 1973European Patent Convention Art 21(3)(c) 1973European Patent Convention R 67 1973European Patent Convention R 89 1973
- Keywords
- Jurisdiction of the Legal Board of Appeal
Lost interest in the procedure pursuing
Request for the file to be closed
Reimbursement of appeal fee (yes)
Equity
Right to fair procedure
Legal expectation
Principle of protecting legitimate expectations - Catchword
- 1. The Legal Board is competent to decide an appeal against a decision of the Examining Division refusing a request for correction of errors in a decision to grant a European patent.
2. The statement "We have lost interest in performing an appeal procedure and request to leave closed the file" constitutes a withdrawal of the appeal.
3. After withdrawal of an appeal a reimbursement of the appeal fee can exceptionally be ordered if the appeal was not remitted to the Board of Appeal within a reasonable time after the first instance decision not to allow it.
ORDER
For these reasons it is decided that:
The reimbursement of the appeal fee is ordered.