European Patent Office

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)
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
-
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.