9.3.7 Opposition withdrawn

In T 1627/18 the opposition had been withdrawn and so the question arose as to whether the opposition proceedings should be continued pursuant to R. 84(2) EPC for assessment of the grounds of opposition under Art. 100(a) and 100(b) EPC, which were outstanding issues on which no decision had been taken. The board considered that the circumstances constituted special reasons for remitting the case to the opposition division, as requested by the appellant. After remittal, the opposition division would then have to exercise its discretion as to whether the opposition proceedings should be continued pursuant to R. 84(2) EPC. See also T 1223/15, T 1981/16 and T 430/17.