T 0121/06 (Garbage collection/TAO GROUP) of 25.01.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T012106.20070125
- Date of decision
- 25 January 2007
- Case number
- T 0121/06
- Petition for review of
- -
- Application number
- 01915523.3
- IPC class
- G06F 12/02
- 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
- Garbage collection
- Applicant name
- TAO GROUP LIMITED
- Opponent name
- -
- Board
- 3.5.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 113(2) 1973European Patent Convention Art 114(1) 1973European Patent Convention Art 52(1) 1973European Patent Convention Art 52(2) 1973European Patent Convention Art 52(3) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention R 29(1) 1973European Patent Convention R 51(4) 1973European Patent Convention R 68(2) 1973
- Keywords
- Claims - clarity (yes)
Claims - two-part form (inappropriate)
Garbage collector - computer program as such (no)
Data stream - presentation of information (no)
Text considered by the examining division in the communication under Rule 51(4) EPC agreed by the applicant (no)
Right to be heard (infringed)
Decision reasoned (no)
Substantial procedural violations (yes)
Reimbursement of the appeal fee (yes) - Catchword
- Issuing a communication under Rule 51(4) EPC in which amendments are proposed that the applicant cannot reasonably be expected to accept without further discussion constitutes a substantial procedural violation (point 14.5 of the reasons).
- Citing cases
- T 1093/05
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 the first instance with the order to grant a patent in the following version:
Claims:
1-6(part), 12-25 filed with letter dated 24/08/2006
6(part)-11 filed with letter dated 22/11/2006
Description:
Pages 1,2,8-12,14-25 as published
Pages 3,4,6,7 filed with letter dated 24/08/2006
Page 5 filed with letter dated 22/11/2006
Page 13 filed with letter dated 19/11/2003
Drawings:
Sheets 1-3 as published.
3. The appeal fee shall be reimbursed.