Where a request under R. 64(2) EPC for a refund of a further search fee paid under R. 64(1) EPC is first filed on appeal against an examining division decision, the board has no competence to decide on it and it must therefore be refused as inadmissible (T 2076/15).
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_v_a_2_3_2_b.htm
Date retrieved: 17 May 2021