Interlocutory revision is never possible on the basis of an auxiliary request, even if an auxiliary request would overcome the grounds for the decision (T 919/95).

The main request is the same as the one refused (i.e. not amended). However, the auxiliary request corresponds to a suggestion made by the examining division and would thus be allowable.

If the applicant has filed an appeal but no amended claims, the division checks whether the decision was correct in substance. Interlocutory revision is only allowed if the decision was not correct in substance. A refund of the appeal fee is to be ordered if a substantial procedural violation has occurred (see E‑XII, 7.3).

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 department whose decision is contested considers the appeal to be admissible and well founded, it must rectify its decision.

Notice of appeal must be filed with the EPO within two months of the date of notification of the decision appealed from. The notice is not deemed to have been filed until after the fee for appeal has been paid in the amount laid down in the Rules relating to Fees under the EPC.