Procedure
An appeal may be filed against a decision of a first instance department of the EPO, i.e. a decision of the Receiving Section, of an Examining Division, of an Opposition Division or of the Legal Division. An appeal has a suspensive effect, which means that, for example, "n the case of a refusal of an application, the filing of an appeal will have the effect of suspending the effect of the order refusing the application". The provisions applicable to the first instance proceedings from which the appeal derives also apply during appeal proceedings, "nless otherwise provided."
Read more about this topic: Appeal Procedure Before The European Patent Office