Translation of "Der billigkeit entspricht" in English

It is extended, as long as and to the extent that this is equitable.

The duration of the claim to maintenance is extended as long as and to the extent that this is equitable.

The reimbursement of appeal fees shall be ordered in the event of interlocutory revision or where the Board of Appeal deems an appeal to be allowable, if such reimbursement is equitable by reason of a substantial procedural violation.

Rule 67 EPC provides that, in the event of interlocutory revision, reimbursement of the appeal fee shall be ordered by the department of the first instance whose decision has been impugned, "if such reimbursement is equitable by reason of a substantial procedural violation".

It would therefore be desirable for the above-mentioned provision of Article 23(4) REE to be amended in such a way that, for reasons of equity, the Disciplinary Board could reimburse the appeal fee in full or in part, if the appeal is settled in a manner other than by being "allowed".

However, he has a duty to permit the other spouse to continue to use them to the extent that the latter needs them to maintain a separate household and the permission of use in the circumstances of the case is equitable.

Whether or not it may be considered justified to overlook a small amount of a fee which is lacking, under Article 9(1) Rules relating to Fees, must be decided on an objective, not a subjective, basis.

He may demand from the spouse with the right of use payment for the use, insofar as this is equitable.

For the reimbursement of the appeal fee to be equitable the boards require a causal link between the substantial procedural violation and the filing of the appeal (T 388/09, J 9/10).

Exceptions to the principle that each party must bear its own costs may also be made in cases of abusive conduct in which it is equitable to make an award of costs against one of the parties.

Pursuant to Rule 67 EPC, reimbursement of the appeal fee shall be ordered if it is equitable by reason of a substantial procedural violation.

Under Rule 67, first sentence, EPC 1973, the reimbursement of appeal fees shall be ordered where, inter alia, the appeal is deemed to be allowable and such reimbursement is equitable by reason of a substantial procedural violation.

However, that Article permits the European Patent Office "where this is considered justified", to overlook any small amounts lacking, without prejudice to the rights of the person making the payment.

In the cases that follow the boards have held that reimbursement was not equitable because no causal link could be established.

In the event of interlocutory revision, reimbursement of appeal fees will be ordered by the department whose decision has been impugned if such reimbursement is equitable by reason of a substantial procedural violation.

If the Board of Appeal allows the appeal, or the appeal is withdrawn, it shall order reimbursement in full or in part of the fee for appeal if this is equitable in the circumstances of the case.

Under Rule 67 EPC the reimbursement of appeal fees is to be ordered if the Board deems an appeal allowable and such reimbursement is equitable by reason of a substantial procedural violation.

Pursuant to Article 9(1), fourth sentence, of Rules relating to fees, any small amounts lacking may be overlooked without prejudice to the rights of the person making the payment, where this is considered justified.

It also constitutes a substantial procedural violation within the meaning of Rule 67 EPC which means that the question of whether reimbursement of the appeal fee would be equitable in the circumstances has to be considered.

As there has been a substantial procedural violation and as the appeal succeeds and as it is clearly equitable to order reimbursement of appeal fees in accordance with Rule 67, EPC, that can be ordered.

It may also, where this is considered justified, overlook any small amounts lacking without prejudice to the rights of the person making the payment.

Rule 67 EPC provides inter alia that reimbursement of the appeal fee shall be ordered in the event of interlocutory revision "...if such reimbursement is equitable by reason of a substantial procedural violation."

Referring to Article 104 EPC, due to the above considerations, the Board considers that there are no reasons of equity to decide that the patentee's costs incurred as a result of the oral proceedings held before the Opposition Division should be borne by the opponent.

It follows that there was a substantial procedural violation, within the meaning of Rule 67 EPC, which makes it equitable to order reimbursement of the appeal fee.