European Patent Office

J 0025/10 (Catheters having linear electrode arrays/MEDTRONIC VASCULAR) of 21.07.2011

European Case Law Identifier
ECLI:EP:BA:2011:J002510.20110721
Date of decision
21 July 2011
Case number
J 0025/10
Petition for review of
-
Application number
07865305.2
IPC class
A61B 5/042
Language of proceedings
English
Distribution
Published in the EPO's Official Journal (A)
Other decisions for this case
-
Abstracts for this decision
-
Application title
Catheters having linear electrode arrays and their method of use
Applicant name
Medtronic Vascular, Inc.
Opponent name
-
Board
3.1.01
Headnote

Following the withdrawal of a European patent application, a refusal by the Examining Division of a request for a 75% refund of the examination fee, on the basis that substantive examination had already begun (Article 11(b) RFees), must be based on facts which objectively demonstrate that this is so.

Keywords
Partial refund of the examination fee (yes)
Start of substantive examination
Reimbursement of the appeal fee (yes)
Catchword
-
Citing cases
J 0009/10T 0853/16

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The examination fee is to be refunded at a rate of 75%.

3. The appeal fee is to be reimbursed.