European Patent Office

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
Language of proceedings
English
Distribution
No distribution (D)
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
-
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.
Citing cases
T 1951/16T 2687/17

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.