T 0078/05 (RLC data block/LUCENT) of 10.01.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T007805.20080110
- Date of decision
- 10 January 2008
- Case number
- T 0078/05
- Petition for review of
- -
- Application number
- 02250567.1
- IPC class
- H04L 12/56
- 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
- Method, system and Radio Link Control data block for delimiting Logical Link Control Protocol Data Units
- Applicant name
- Lucent Technologies Inc.
- Opponent name
- -
- Board
- 3.5.05
- Headnote
After amendment of the claims leading in essence to a version discussed at a previous stage of the procedure, nothing stands in the way of a decision being taken based on the objections and facts previously discussed, even if the decision is taken in an oral proceedings held in the absence of the appellant and the amendment was filed in response to the summons to said oral proceedings (Reasons 1.2 and 2).
In the present case, an alternative solution for a problem already solved is not in itself inventive (Reasons 4 pages 12 to 14).
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 116(1) 1973European Patent Convention Art 123(2)European Patent Convention Art 52(1)European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention R 111(1)European Patent Convention R 68(1) 1973Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Claims - clarity (no), support by the description (no)
late filed claims - admitted
Inventive step - no
oral proceedings held in the absence of the appellant - opportunity to present comments (yes) - Catchword
- -
- Cited cases
- T 0495/91
- Citing cases
- -
ORDER
For these reasons it is decided that:
The appeal is dismissed.