CLR III C 6.1.4.L Postponement in order to avoid adverse decision of the board

In T 1053/06 the reasons given by the appellant (applicant) for requesting postponement of the oral proceedings clearly indicated that the appellant had chosen not to pursue the case further and would prefer its patent application to be lost for non-payment of the next renewal fee at a later date rather than by an adverse decision of the board at that time. Those reasons had to do solely with the convenience of the appellant, which, until it received the board's negative preliminary opinion, had preferred to pursue the appeal proceedings. The board refused the request for postponement.

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