J 0012/15 (Right to oral proceedings; substantial procedural violation (yes); re-imbursement of appeal fee (yes)) of 14.04.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:J001215.20160414
- Date of decision
- 14 April 2016
- Case number
- J 0012/15
- Petition for review of
- -
- Application number
- 08754942.4
- IPC class
- H04L 27/26H04J 13/00
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- COMPUTER GENERATED SEQUENCES FOR DOWNLINK AND UPLINK SIGNALS IN WIRELESS COMMUNICATION SYSTEMS
- Applicant name
- Texas Instruments Incorporated
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113European Patent Convention Art 121European Patent Convention R 103
- Keywords
- Substantial procedural violation - (yes)
- Catchword
- An adverse decision issued without granting the aggrieved party's request for oral proceedings must be declared void ab initio and without legal effect. Silence on the part of the appellant cannot be interpreted as withdrawal of the request for oral proceedings - see points 7 and 8 of the Reasons.
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance for the holding of oral proceedings to consider the appellant's request for further processing set out in its letter of 27 March 2015, and for any subsequent further prosecution.
3. The appeal fee shall be reimbursed in full.