J 0016/13 (Correction of application documents) of 22.05.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:J001613.20140522
- Date of decision
- 22 May 2014
- Case number
- J 0016/13
- Petition for review of
- -
- Application number
- 08167183.6
- IPC class
- G09G 3/34
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Display apparatus and control method thereof
- Applicant name
- Samsung Electronics Co., Ltd.
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- EPC2000_R_040(2)_(2007)_Sent_2EPC2000_R_056(1)_(2007)_Sent_2European Patent Convention Art 122European Patent Convention Art 123(2)European Patent Convention Art 21(3)European Patent Convention Art 21(3) 1973European Patent Convention Art 21(3)(a)European Patent Convention Art 21(3)(c)European Patent Convention Art 90(1)European Patent Convention Art 90(3)European Patent Convention Art 97(2)European Patent Convention R 139European Patent Convention R 140European Patent Convention R 40(1)(c)European Patent Convention R 40(3)European Patent Convention R 46(2) 1973European Patent Convention R 55European Patent Convention R 56European Patent Convention R 56(1)European Patent Convention R 56(2)European Patent Convention R 56(3)European Patent Convention R 57(d)European Patent Convention R 58European Patent Convention R 62European Patent Convention R 66European Patent Convention R 88 1973Guidelines_Part H, Chapter IV.2.3(1)Rules of procedure of the Boards of Appeal Art 11Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Competence of the boards of appeal - Legal board competent to hear the case (yes)
Correction of error - (no)
Exchange of complete description and claims (no)
Incorporation by reference (not applicable)
Grant of time limit under Rule 56 (no)
Filing of missing parts under Rule 56 (not applicable)
Violation of legitimate expectations (no) - Catchword
- Where the formal order of an appealed decision is obviously erroneous to such an extent that it is essentially incomprehensible when compared with the reasons in the body of the decision, in particular when it plainly does not correspond to any of the foreseen possible legal effects flowing from the substantive issue underlying the appealed decision, and if the competence pursuant to Article 21(3) EPC is supposed to change from one Board to another only because of such an "impossible" order, the formal order can be disregarded for the purposes of Article 21(3)(a) and (c) EPC, and rather the substantive request underlying the decision must be guiding in determining the Board competent to decide the case, see point 6 of the Reasons. (T 1382/08 not followed)
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The request for correction of the specification under Rule 139 EPC with the description and claims filed on 19 January 2010 is refused.
3. The request for an extension of the time limit for filing missing parts under Rule 56(3) EPC is refused.
4. The case is remitted to the department of first instance for further prosecution.