T 0402/01 (Data entry system/DATAQUILL) of 21.02.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T040201.20050221
- Date of decision
- 21 February 2005
- Case number
- T 0402/01
- Petition for review of
- -
- Application number
- 94927728.9
- IPC class
- G06K 7/10G06K 17/00
- 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
- T 0402/01 Data entry system/DATAQUILL 2005-10-04
- Abstracts for this decision
- -
- Application title
- Data entry systems
- Applicant name
- Dataquill Limited
- Opponent name
- ALCATEL
- Board
- 3.5.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 113(1) 1973European Patent Convention Art 114(1) 1973European Patent Convention Art 125 1973European Patent Convention Art 56 1973
- Keywords
- Automatic remittal after citation of a new document in response to change in factual framework resulting from proprietor's amendments (no)
- Catchword
- A patent proprietor has no automatic right of remittal after the citation of a new document with the grounds of appeal, even if there is a change in factual framework, at least in cases where the document is filed in reaction to amendment of the claim, providing that both parties' right to a fair hearing (Article 113(1) EPC) is not jeopardised.
The right to a fair hearing comprises the right to be heard, explicitly required by Article 113(1) EPC, and the general principle of equal treatment of parties, implied by Article 113(1) EPC in combination with Article 125 EPC.
(See points 10 and 11 of the reasons).
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.