11.10. Partial reimbursement (75%) under Rule 103(2) EPC

The appeal fee is reimbursed at 75% under R. 103(2) EPC if, in response to a communication from the board indicating its intention to start substantive examination of the appeal, the appeal is withdrawn within two months of notification of that communication.

In T 853/16, the appellant had withdrawn their appeal before any communication from the board indicating its intention to start substantive examination of the appeal. The board held that it followed from the clear wording of R. 103(2) EPC, and a literal interpretation thereof, that there was no refund of 75% of the appeal fee to an appellant where, as in the case in hand, no communication had been issued from the board indicating its intention to start substantive examination of the appeal. The board also explained why J 9/10 and J 25/10, referred to by the appellant, were not applicable in the case in hand, even by analogy. See also T 43/22 and T 2447/22.