9.3. Appeal deemed not to have been filed or inadmissible appeal

For the issue of reimbursement of the appeal fee the distinction between an appeal not deemed to have been filed and an inadmissible appeal is relevant. When the appeal is deemed not to have been filed the appeal fee must be reimbursed since the purpose of this fee cannot be achieved. On the contrary, when an appeal is inadmissible it is in principle not possible to repay the appeal fee (T 445/98).

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