T 0740/00 of 10.10.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T074000.20011010
- Date of decision
- 10 October 2001
- Case number
- T 0740/00
- Petition for review of
- -
- Application number
- 91308725.0
- IPC class
- B27B 17/02
- 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
- -
- Application title
- Guide bars for tree harvesters
- Applicant name
- BLOUNT, INC.
- Opponent name
- SANDVIK AB
(opposition withdrawn during the appeal proceedings) - Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 107 1973European Patent Convention Art 111 1973European Patent Convention Art 113(2) 1973European Patent Convention R 36(3) 1973European Patent Convention R 58(4) 1973European Patent Convention R 67 1973European Patent Convention R 68(1) 1973European Patent Convention R 68(2) 1973European Patent Convention R 76(1) 1973European Patent Convention R 89 1973
- Keywords
- Patentee adversely affected by a decision not dealing with its main request (yes)
Substantial procedural violations (yes): decision announced in oral proceedings must be based on the same patent documents as the decision in writing; the procedure followed by the opposition division must be clear as to what is expected of the parties; the requests of the parties must be properly established before a decision is taken
Remittal (yes)
Reimbursement of the appeal fee (yes) - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance for further prosecution.
3. The appeal fee shall be reimbursed.