R 0003/10 (Right to be heard in oral proceedings/SALMON BRANDS AS) of 29.09.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:R000310.20110929
- Date of decision
- 29 September 2011
- Case number
- R 0003/10
- Petition for review of
- T 0136/09 2010-01-14
- Application number
- 01931465.7
- IPC class
- A22C 25/16
- 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
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- Abstracts for this decision
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- Application title
- Improved method for the manufacture of raw fish products
- Applicant name
- Salmon Brands AS
- Opponent name
- Trio Fish Processing Machinery
Pan Fish
Fjord Seafood
Marine Harvest International
Asociación de la Industria del Salmon de Chile AG - Board
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- Headnote
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- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 100(c)European Patent Convention Art 112a(2)(c)European Patent Convention Art 113(1)European Patent Convention Art 116(1)European Patent Convention Art 116(2)European Patent Convention R 103(1)(a)European Patent Convention R 106European Patent Convention R 108(3)European Patent Convention R 109(2)(a)European Patent Convention R 109(2)(b)European Patent Convention R 110European Patent Convention R 67 1973
- Keywords
- Petition for review - admissible - yes
Objection raised after decision was given - Rule 106 complied with - yes - could not be raised earlier
Petition for review - allowable - yes - fundamental violation of petitioner's right to be heard in oral proceedings - yes - rejection of request on a ground not heard on
Presence of fundamental violation - to be determined on an objective basis - not relevant that no fault of the Board
Likelihood of success of potential oral submissions - whether submissions were already presented in writing - not relevant
Reimbursement of fee for petition - yes - Catchword
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ORDER
For these reasons it is decided that:
1. The decision under review is set aside and proceedings before the Board of Appeal are re-opened.
2. The fee for the petition for review shall be reimbursed.