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The Enlarged Board of Appeal is responsible for proceedings under Art. 112 EPC (referral of points of law by boards of appeal or the President of the EPO), proceedings under Art. 112a EPC (petitions for review against decisions of the boards of appeal) and proceedings under Art. 23(1), first sentence, EPC (removal from office of a member of the boards of appeal).
In J 22/85 (OJ 1987, 455) the board did not consider a reimbursement of the appeal fee to be justified because the appellant had failed to provide the Receiving Section with the evidence subsequently submitted in the appeal proceedings.
The conduct of the appellant may render the reimbursement of the appeal fee not equitable even if a substantial procedural violation occurred (J 4/09; see also T 1500/10).