T 0805/03 of 19.01.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T080503.20070119
- Date of decision
- 19 January 2007
- Case number
- T 0805/03
- Online on
- 18 May 2007
- Petition for review of
- -
- Application number
- 96104764.4
- IPC class
- H04N 5/445
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Customizable menu for a television receiver accessed via a remote control keyboard
- Applicant name
- THOMSON CONSUMER ELECTRONICS, INC.
- Opponent name
- IGR GmbH & Co. KG.
- Board
- 3.5.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 101(2) 1973European Patent Convention Art 113(1) 1973European Patent Convention R 57(3) 1973European Patent Convention R 67 1973
- Keywords
- Novelty and inventive step (yes) after amendment
Examination of opposition - no need for a communication by the opposition division
Substantial procedural violation (no) - Catchword
- No general obligation for the opposition division to issue a communication despite a request by a party (see points 5.1 and 5.2)
- Cited cases
- -
- Citing cases
- -
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 with the order to maintain the patent as amended in the following version:
- claims 1 to 5 submitted in the oral proceedings and
- description and figures of the patent specification.
3. The request for reimbursement of the appeal fee is refused.