9.3. Special reasons for remittal
9.3.7 Opposition withdrawn
This section has been updated to reflect case law and legislative changes up to 31 December 2023. For the previous version of this section please refer to the "Case Law of the Boards of Appeal", 10th edition (PDF). |
In T 1627/18 the opposition had been withdrawn and so the question arose as to whether the opposition proceedings should be continued pursuant to R. 84(2) EPC for assessment of the grounds of opposition under Art. 100(a) and 100(b) EPC, which were outstanding issues on which no decision had been taken. The board considered that the circumstances constituted special reasons for remitting the case to the opposition division, as requested by the appellant. After remittal, the opposition division would then have to exercise its discretion as to whether the opposition proceedings should be continued pursuant to R. 84(2) EPC. See also T 1223/15, T 1981/16 and T 430/17.