9.3.2 Notice of appeal not filed in due time but appeal fee paid within 2 month period

In J 19/90 the Legal Board considered that the payment of an appeal fee did not in itself constitute the valid filing of an appeal. The board in T 371/92 (OJ 1995, 324) held that payment of the appeal fee at most implied an intention to file an appeal but did not in itself constitute the notice of appeal required to institute appeal proceedings. When applicants paid the appeal fee, and even thereafter, they remained free to decide whether or not they wished to lodge an appeal. If they changed their mind and dropped the matter, the appeal, being non-existent, was not deemed to be withdrawn, but the fee was reimbursed because no appeal had been filed (see also T 41/82, T 696/95, T 445/98, T 778/00, T 1479/09, T 377/11).

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