R 0015/11 (Fundamental violation of Article 113 EPC/IVIS TECHNOLOGIES) of 13.05.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:R001511.20130513
- Date of decision
- 13 May 2013
- Case number
- R 0015/11
- Petition for review of
- -
- Application number
- 03009955.0
- IPC class
- A61F 9/01
- 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
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- Application title
- Apparatus for customized refractive surgery
- Applicant name
- Ivis Technologies S.r.l.
- Opponent name
- -
- Board
- -
- Headnote
- -
- Relevant legal provisions
- BDSRA Art 2BDSRA Art 3BDSRA Art 4(1)EHCR Art 6European Patent Convention Art 111European Patent Convention Art 112a(2)(c)European Patent Convention Art 113(1)European Patent Convention Art 24(2)European Patent Convention Art 24(3)European Patent Convention R 108(3)Rules of procedure of the Boards of Appeal Art 15(1)
- Keywords
- Petition allowable (yes) - no opportunity to comment on grounds on which the decision under review was based
Replacement of members of the Board of Appeal (no) - no reasonable suspicion of partiality; the criteria and standards according to the case law on replacement under Article 24(3) EPC apply - Catchword
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ORDER
For these reasons it is decided that:
1. The decision under review is set aside and the proceedings before the Board of Appeal 3.2.02 are re-opened.
2. The request that the members of the Board of Appeal who participated in the decision under review be replaced is rejected.
3. Reimbursement of the fee for the petition for review is ordered.