European Patent Office

R 0001/13 (Petition for review/NTT) of 17.06.2013

European Case Law Identifier
ECLI:EP:BA:2013:R000113.20130617
Date of decision
17 June 2013
Case number
R 0001/13
Petition for review of
T 0808/11 2012-09-18
Application number
97113024.0
Language of proceedings
English
Distribution
Distributed to board chairmen and members (B)
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
Downlink transmission power control scheme for mobile communication system using site diversity
Applicant name
NTT DoCoMo, Inc.
Opponent name
Nokia Corporation
Board
-
Headnote
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Relevant legal provisions
European Patent Convention Art 112a(2)(c)European Patent Convention Art 113(1)European Patent Convention R 106European Patent Convention R 107(1)(a)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(2)Rules of procedure of the Boards of Appeal Art 15(4)Rules of procedure of the Boards of Appeal Art 15(5)(6)Rules of procedure of the Boards of Appeal Art 19(1)
Keywords
No right of admissibility for requests filed to overcome late-raised objections
Article 113(1) EPC does not overrule Article 13(1) RPBA in the case of such requests
Remark made during oral proceedings by one member of board of appeal (here, the chairman) has no determinative effect
Petitioner's subjective surprise at board of appeal decision is not relevant to objective review of that decision
Petition for review - clearly unallowable
Catchword
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ORDER

For these reasons it is decided that:

The petition for review is unanimously rejected as clearly unallowable.