e) Appeal by patentee against revocation

Where the patentee appeals the revocation of the patent, the board is not bound by the findings of the opposition division; the whole case, including those claims considered novel by the opposition division, and objected to by the non-appealing opponent, must be considered (T 396/89). Furthermore, if the patent proprietor as the sole appellant in the opposition appeal proceedings makes amendments to the version of the patent adopted in accordance with an interlocutory decision of the opposition division, the board is both competent and obliged ex officio to examine those amendments from both a formal and a substantive point of view, even if the respondents expressly agree to them (T 1098/01). Similarly, where the patent proprietor was respondent on appeal against the decision of the opposition division as a whole, it was the board's power and duty to decide for itself on each issue addressed and it was not bound by any finding of that decision (in the respondent's favour) (T 36/02).