T 0042/02 (Transaction system/PITNEY BOWES) of 28.02.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T004202.20030228
- Date of decision
- 28 February 2003
- Case number
- T 0042/02
- Petition for review of
- -
- Application number
- 87905893.1
- IPC class
- G06K 19/06H04L 9/00
- 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
- -
- Abstracts for this decision
- -
- Application title
- Automated transaction system using microprocessor cards
- Applicant name
- PITNEY BOWES INC.
- Opponent name
- Société SECAP
Francotyp-Postalia Aktiengesellschaft & Co.
GIESECKE & DEVRIENT GmbH
NEOPOST LTD - Board
- 3.5.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 102 1973European Patent Convention Art 113(1) 1973European Patent Convention Art 116 1973European Patent Convention Art 19(2) 1973European Patent Convention R 68 1973European Patent Convention R 70(1) 1973
- Keywords
- Intermediate decisions announced by differently composed opposition divisions at first and second oral proceedings - commonly reasoned and jointly signed final decision - substantial procedural violation (yes)
- Catchword
- If binding intermediate decisions are announced by an Opposition Division at first oral proceedings and further binding intermediate decisions and the final decision are announced by a differently composed Opposition Division at second oral proceedings, then these decisions cannot be commonly reasoned and jointly signed by all members of the two Opposition Divisions without violating fundamental principles deriving from Articles 113(1) and 116 EPC (see point 8 of the "Reasons for the decision").
- Cited cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Opposition Division for further prosecution.
3. Both appeal fees are to be reimbursed.