T 0587/02 (Kernel operations/POWERTV) of 12.09.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:T058702.20020912
- Date of decision
- 12 September 2002
- Case number
- T 0587/02
- Petition for review of
- -
- Application number
- 99966434.5
- 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
- Method and apparatus for operating system kernel operations
- Applicant name
- PowerTV, Inc.
- Opponent name
- -
- Board
- 3.5.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention R 51(3) 1973European Patent Convention R 67 1973
- Keywords
- Substantial procedural violation (yes); refund of appeal fee (yes)
International Preliminary Examination Report sufficiently reasoned (no) - Catchword
- If the only communication preceding the decision to refuse an application merely draws attention to an International Preliminary Examination Report (IPER), the requirements of Article 113(1) EPC are met provided the IPER constitutes a reasoned statement as required by Rule 51(3) EPC, using language corresponding to that of the EPC; in the case of an inventive step objection this will require a logical chain of reasoning which can be understood and, if appropriate, answered by the applicant.
- Citing cases
- T 0611/01
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 for further prosecution
3. The appeal fee is refunded