European Patent Office

T 1924/07 (FA Information/BRIDGESTONE CORP.) of 22.06.2012

European Case Law Identifier
ECLI:EP:BA:2012:T192407.20120622
Date of decision
22 June 2012
Case number
T 1924/07
Petition for review of
-
Application number
99309745.0
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
A method of and device for collecting and combining FA information
Applicant name
Bridgestone Corporation
Opponent name
-
Board
3.5.01
Headnote
-
Keywords
Additional search - necessary (yes
Additional search - technical features not notorious)
Additional search - necessary for technical features acknowledged to be known in application (yes
Additional search - search is basis for substantive examination)
Substantial procedural violation - no additional search, but substantive examination (yes
Substantial procedural violation - search manifestly necessary)
Added subject-matter - "two-step" process for setting data collecting conditions (no
Added subject-matter - inaccurate paraphrasing of claim)
Catchword
An applicant's acknowledgement in the original application that certain prior art is known is in general not a sufficient reason for not carrying out an additional search (see point 9 of the reasons). The only condition under which an additional search can be dispensed with is where all the technical features of a claim correspond to notorious prior art (see point 10 of the reasons).

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. Reimbursement of the appeal fee is ordered.