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)
- Download
- Decision in English
- 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.
- Relevant legal provisions
- European Patent Convention Art 18(1)European Patent Convention Art 94(1)European Patent Convention R 10(2)European Patent Convention R 103(1)(a)European Patent Convention R 111(2)Patent Cooperation Treaty R 43a(1)Rules relating to fees Art 11(b)
- Keywords
- Partial refund of the examination fee (yes)
Start of substantive examination
Reimbursement of the appeal fee (yes) - Catchword
- -
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.