T 1505/06 of 18.09.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T150506.20070918
- Date of decision
- 18 September 2007
- Case number
- T 1505/06
- Petition for review of
- -
- Application number
- 97918428.0
- IPC class
- B65G 47/84
- 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 and device for supplying, discharging and transferring of objects, like fruits
- Applicant name
- De Greef's Wagen-Carrosserie- en Machinebouw B.V.
- Opponent name
- FPS Food Processing Systems B.V.
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 113(1) 1973European Patent Convention R 67 1973European Patent Convention R 68(2) 1973
- Keywords
- Reasons for refusing postponement of oral proceedings - not included in decision of opposition division
Right to be heard - Board unable to review that it was respected by the opposition division
Substantial procedural violation - yes
Remittal to department of first instance - yes - Catchword
- Reasons points 1 and 2.
- Cited cases
- -
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 fees of both the proprietor and the opponent are to be reimbursed.