1.2.5 Administrative notice with no legal consequences

The Enlarged Board observed in G 2/97 (OJ 1999, 123) that the notice sent by the registry of the boards of appeal was a standard form, nothing more than an administrative notice to inform the parties of the reference number of the appeal proceedings. It had no legal consequences; it was not a "communication" within the meaning, for example, of Art. 110(2) EPC 1973 (now R. 100(2) EPC). Such a notice could not be considered to give rise to any misunderstanding.

In T 642/12 the board held that in inter partes appeal cases, the completion of EPO Form 2701 by the formalities officer of the department of first instance does not establish the legitimate expectation that formal requirements of the appeal have already been checked by the EPO.

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