Normally there is no procedural violation justifying reimbursement of the appeal fee if the wrong procedure is adopted in a situation where the EPC does not lay down clearly what procedure is to be followed and the case law has not yet established any settled practice (T 234/86, OJ 1989, 79).
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_v_a_9_5_10_f.htm
Date retrieved: 17 May 2021