T 0629/90 (Holding device) of 04.04.1991

Whereas under Rule 60(2) EPC opposition proceedings may be continued at the discretion of the European Patent Office when the opposition is withdrawn, withdrawal of the opposition in appeal proceedings has no immediate procedural significance if the Opposition Division has revoked the European patent. The Board of Appeal must then re-examine the substance of the Opposition Division's decision of its own motion, setting it aside and maintaining the patent only if the latter meets the requirements of the EPC. When the Board examines the decision, evidence may be cited which had been submitted by an opponent before the opposition was withdrawn (cf. point 2.2 of the Reasons for the Decision).