T 0149/02 of 25.07.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T014902.20030725
- Date of decision
- 25 July 2003
- Case number
- T 0149/02
- Petition for review of
- -
- Application number
- 93118670.4
- IPC class
- H01L 33/00
- 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
- Light-emitting gallium nitride-based compound semiconductor device
- Applicant name
- Nichia Corporation
- Opponent name
- -
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973
- Keywords
- Reformatio in peius
Clarity - (yes) - Catchword
- The principle of prohibition of "reformatio in peius" ensures that a judicial body has no power to put a sole appellant in a worse situation than if he had not appealed. The doctrine of prohibition of reformatio in peius however, cannot be construed to apply separately to each point or issue decided, or the reasoning leading to the impugned decision.
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance with the order to maintain the patent on the basis of the following patent documents:
- Claims 1 to 15 of the main request as filed with letter dated 25 June 2003;
- Description and the figures: to be adapted to the claims.