T 1181/04 (Disapproval of the text proposed for grant/PIRELLI & C AMBIENTE) of 31.01.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T118104.20050131
- Date of decision
- 31 January 2005
- Case number
- T 1181/04
- Petition for review of
- -
- Application number
- 99201344.1
- IPC class
- C10L 5/46
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Fuel composition which combusts instantaneously and method for combustion
- Applicant name
- Pirelli & C Ambiente S.p.A.
- Opponent name
- -
- Board
- 3.3.06
- Headnote
I. The applicant's approval of the text proposed for grant by the Examining Division is an essential and crucial element in the grant procedure and its existence or non-existence needs to be formally ascertained (point 3 of the reasons for the decision).
II. The applicant must be given the opportunity to express his disapproval of the text proposed for grant by the Examining Division with a communication under Rule 51(4) EPC and to obtain an appealable decision refusing his requests. If he has been deprived of this possibility a substantial procedural violation has occurred in the proceedings (point 3 of the reasons for the decision).
- Relevant legal provisions
- European Patent Convention Art 106(1) 1973European Patent Convention Art 106(3) 1973European Patent Convention Art 113(2) 1973European Patent Convention Art 121 1973European Patent Convention Art 122 1973European Patent Convention Art 96 1973European Patent Convention Art 97(1) 1973European Patent Convention Art 97(2)(a) 1973European Patent Convention R 51(4) 1973European Patent Convention R 51(5) 1973European Patent Convention R 51(6) 1973European Patent Convention R 51(8) 1973
- Keywords
- Examination procedure - Rule 51(4) communication - applicant's disapproval of text proposed by the Examining Division (no)
Reimbursement of appeal fee - procedural violation (yes) - Catchword
- -
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 reimbursed.