If an appeal against a decision of the opposition division to maintain the patent in amended form is filed by both patentee and opponent, but later one of the appeals is withdrawn, the principle of reformatio in peius is still applicable, even if more limiting auxiliary claim sets have been filed by the patentee.
Case date: 21 September 2020
Case number: T 0822/16
Court: European Patent Office (EPO), Board of Appeal
A full summary of this case has been published on Kluwer IP Law.