11.13. Communication in preparation for the oral proceedings

In T 2044/16 the board found that, even though it had already issued a detailed substantive communication under Art. 15(1) RPBA in preparation for oral proceedings, the wording of R. 103(4)(c) EPC did not preclude it from granting a reimbursement on the basis of an additional communication, issued by it at a later date (here, the board had asked the appellant to inform it whether it intended to attend the oral proceedings), that led to withdrawal of the request for oral proceedings within one month. The board concluded that the deadline under R. 103(4)(c) EPC was triggered anew by each preparatory communication issued. The deliberations in T 265/14 regarding reimbursement under R. 103(3)(b) EPC also applied to the situation in this case. See also T 1730/16.

In T 110/18 the appellant had withdrawn its request for oral proceedings within one month of notification of the second communication pursuant to Art. 15(1) RPBA, which was exceptionally issued in view of the COVID-19 outbreak. The board followed the rationale of T 265/14 (of the same board in a different composition) and concluded that the requirements for a 25% reimbursement of the appeal fee according to R. 103(4)(c) EPC had been met.