9.3.5 Translation of notice of appeal

In T 323/87 (OJ 1989, 343) the translation of the notice of appeal had not been filed in due time. The board held that, pursuant to Art. 14(5) EPC 1973, the notice of appeal was deemed not to have been filed, and ordered reimbursement of the appeal fee. In T 1152/05 it was also decided that, since the appeal of the patent proprietor was deemed not to have been filed, it followed that the appeal fee was paid without reason and had to be reimbursed. In T 126/04, on the other hand, the board decided that failure to file a translation of the notice of appeal in due time meant that the appeal was inadmissible.