T 0316/05 of 19.12.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T031605.20071219
- Date of decision
- 19 December 2007
- Case number
- T 0316/05
- Petition for review of
- -
- Application number
- 00978793.8
- IPC class
- C07C 51/265
- 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 for oxidation of xylene derivatives
- Applicant name
- GENERAL ELECTRIC COMPANY
- Opponent name
- -
- Board
- 3.3.10
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention R 103European Patent Convention R 111(2)European Patent Convention R 67 1973European Patent Convention R 68(2) 1973
- Keywords
- Decision reasoned in the sense of Rule 111(2) [Rule 68(2)] EPC (no) - fresh feature - no decision on original disclosure - findings on substantive issues based on that feature - deficient reasoning
Substantial procedural violation (yes)
Reimbursement of appeal fee (yes)
Remittal to the first instance for further prosecution - Catchword
- -
- Cited cases
- T 0278/00
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 to be reimbursed.