T 0358/08 du 09.07.2009

Admissibility - yes
Inventive step - no

(1) Rule 99 EPC 2000 has not altered the previous law as to the requirements of either the notice of appeal or the statement of grounds of appeal as regards the appellant's requests. Rule 99(1)(c) EPC is satisfied if the notice of appeal contains a request, which may be implicit, to set aside the decision in whole or (where appropriate) only as to part. Such a request has the effect of "defining the subject of the appeal" within the meaning of Rule 99(1)(c) EPC.
(2) In the case of an appeal by an applicant or proprietor, it is not necessary that the notice of appeal should also contain a request for maintenance of the patent in any particular form. This is something which relates to "the extent to which [the decision] is to be amended", and which is therefore a matter for the statement of grounds of appeal under Rule 99(2) EPC.