T 0246/08 (Seismic sensor/SCHLUMBERGER) of 14.08.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T024608.20080814
- Date of decision
- 14 August 2008
- Case number
- T 0246/08
- Petition for review of
- -
- Application number
- 04737285.9
- IPC class
- G01V 1/16
- 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
- Coupling aid for seismic cable
- Applicant name
- Services Pétroliers Schlumberger
- Opponent name
- -
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 113(1)European Patent Convention Art 113(1) 1973European Patent Convention Art 113(2)European Patent Convention Art 113(2) 1973European Patent Convention Art 120European Patent Convention Art 78(1)(c)European Patent Convention Art 78(1)(c) 1973European Patent Convention Art 96(2) 1973European Patent Convention R 103European Patent Convention R 132(2)European Patent Convention R 137(3)European Patent Convention R 67 1973European Patent Convention R 84 1973European Patent Convention R 86(3) 1973Rules of procedure of the Boards of Appeal Art 11
- Keywords
- Substantial procedural violations (yes)
- Catchword
- To safeguard a party's right to be heard pursuant to Article 113(1) EPC a decision must show that all potentially refutative arguments adduced by a party are actually refutable; reasons 2.
A refusal of consent to amend made in advance of any amendment being submitted cannot be a reasonable exercise of discretion pursuant to Rule 137(3) EPC (former Rule 86(3) EPC 1973) and is ipso facto a substantial procedural violation; reasons 3.
The substantive legal requirement for the continued presence of claims in an application is expressed in Article 78(1)(c) EPC not in Article 113(2) EPC; reasons 5.
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 fee is reimbursed.