9.4. Allowability of the appeal

R. 103(1)(a) EPC stipulates as a precondition for reimbursement that the appeal must be allowable. In J 37/89 (OJ 1993, 201) the board stated it was clear from the wording and purpose of the provision that "allowable" was to be understood to mean that the board of appeal, in substance at least, "follows" the relief sought by the appellants, in other words that the board allows their requests (see also T 1111/09). In J 18/84 (OJ 1987, 215) the board held that the fact that the appeal was allowed only in part was no impediment to a refund (see also T 129/01, T 604/01, T 863/08, J 1/13).

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