11.3.4 Request for re-establishment in respect of the time limit for filing the notice of appeal and/or for paying the appeal fee

In T 1192/07 the request for re-establishment in respect of the time limit for paying the appeal fee was refused. As a result, the appeal was deemed not filed because the appeal fee had not been paid in time and the appeal fee was refunded.

In T 1465/08 the board refunded the appeal fee in a case where the request for re-establishment in respect of the time limit for paying the appeal fee was itself deemed not to have been filed with the consequence that the appeal was deemed not to have been filed.

In T 257/07 the request for re-establishment in respect of the time limit for filing the notice of appeal was refused, and therefore the appeal was deemed not to have been filed and the appeal fee reimbursed (see also T 1962/08).