7.2 Remittal to the board of appeal 

If the appeal is not allowed within three months of receipt of the statement of grounds, it must be remitted to the competent board of appeal without delay, and without comment as to its merit. This means that the department of first instance does not address any substantive comments to the board. Internal notes made by division members about the merits of the appeal are kept in the non-public part of the file and are not sent to the board of appeal.

The examining division cannot decide whether the appeal is well-founded until it has received the statement of grounds of appeal. Such statements can be filed at any time within four months of notification of the decision (Art. 108). The examining division will therefore wait until all the grounds are received before deciding whether to allow interlocutory revision or to remit the appeal to the board, in order to ensure that the full content of the statement of grounds has been received.