4.3.4 Explicit withdrawal of request for oral proceedings – reimbursement of appeal fee

Under R. 103(4)(c) EPC, 25% of the appeal fee is reimbursed if any request for oral proceedings is withdrawn within one month of notification of the communication issued by the board in preparation for the oral proceedings, and no oral proceedings take place.

In T 517/17 the appellant's indication that it would not attend oral proceedings was taken as an implicit withdrawal of its request for oral proceedings for the purposes of R. 103(4)(c) EPC (see also T 202/18). Another interpretation is that R. 103(4)(c) EPC applies only if the party explicitly withdraws its request for oral proceedings (T 73/17, T 191/17 and T 2698/17). For further information, see chapter V.A.11.12 "Partial reimbursement (25%) under Rule 103(4) EPC".