9.5.14 Non-compliance with order of the board

In T 227/95 a decision was taken by a board to remit the case to the department of first instance (opposition division) for further prosecution and not, as assumed by the division, with instructions to maintain the patent. The fact that the opposition division had not carried out the board's order amounted to a substantial procedural violation with regard to Art. 111 EPC 1973. The case was remitted again to the department of first instance, and the appeal fee was reimbursed.