T 1237/07 (Discard timer/ERICSSON) of 12.02.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T123707.20080212
- Date of decision
- 12 February 2008
- Case number
- T 1237/07
- Petition for review of
- -
- Application number
- 00919241.0
- IPC class
- H04L 1/18
- 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
- Packet discard notification for semi reliable retransmission protocol
- Applicant name
- TELEFONAKTIEBOLAGET LM ERICSSON (publ)
- Opponent name
- -
- Board
- 3.5.05
- Headnote
- -
- 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 84 1973European Patent Convention Art 96 1973European Patent Convention R 2European Patent Convention R 24(1) 1973European Patent Convention R 36(5) 1973European Patent Convention R 51(4) 1973European Patent Convention R 68(1) 1973
- Keywords
- Amendments - added subject matter (main request yes, auxiliary request no); Basis of decisions - opportunity to comment (yes); Procedural violation (no); Reimbursement of the appeal fee (no)
- Catchword
- Article 96 EPC 1973 and Rule 51 EPC 1973 leave the examining division discretion to assess whether a communication is necessary or it is more appropriate to put an end to the written phase and hold oral proceedings. The right to present comments enshrined in Article 113 EPC need not be exercised in writing but may be satisfied by way of oral proceedings.
- Cited cases
- T 1578/05
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 first instance with the order to grant a patent on the basis of the following documents:
claims 1 to 24 of the new auxiliary request filed during the oral proceedings
Description: pages 2, 5 to 13 as published
1, 3, 14 as received with letter of 29 June 2006
4 filed during the oral proceedings
Sheets 1 to 5 of the drawings
3. The request for reimbursement of the appeal fee is refused.