T 0408/08 of 14.11.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T040808.20081114
- Date of decision
- 14 November 2008
- Case number
- T 0408/08
- Online on
- 19 November 2008
- Petition for review of
- -
- Application number
- 03742555.0
- IPC class
- A01D 34/00
- 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
- Ecological lawnmower
- Applicant name
- MA.RI.NA Systems S.r.l.
- Opponent name
- -
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- Rules of procedure of the Boards of Appeal Art 11European Patent Convention Art 113(1) 1973European Patent Convention R 67 1973
- Keywords
- Right to be heard
New prior art cited by the examining division during oral proceedings
Substantial procedural violation (yes)
Remittal (yes) - Catchword
- -
- Citing 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 fee is to be reimbursed.