T 0690/09 (TCP offloading and uploading/BROADCOM) of 12.05.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T069009.20100512
- Date of decision
- 12 May 2010
- Case number
- T 0690/09
- Petition for review of
- -
- Application number
- 03020725.2
- IPC class
- H04L 29/06
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- System and method for TCP offloading and uploading
- Applicant name
- Broadcom Corporation
- Opponent name
- -
- Board
- 3.5.05
- Headnote
- -
- Relevant legal provisions
- Decision AC of 7 December 2006 - Art 2Decision_AC of 28 June 2001 on the transitional provisions under_Art_7of the Act revising the EPC of 29 November 2000 - Art_001(1)European Patent Convention Art 111(1) 1973European Patent Convention Art 113(1)European Patent Convention Art 113(1) 1973European Patent Convention Art 113(2) 1973European Patent Convention Art 123(1)European Patent Convention Art 78(1)(a)European Patent Convention Art 97(2)European Patent Convention R 137(3)European Patent Convention R 67 1973Rules of procedure of the Boards of Appeal Art 11
- Keywords
- Appealed decision based on sets of claims which were neither submitted, nor agreed by the applicant (yes)
Correctness of the minutes of the oral proceedings before the first instance challenged at a late stage in the appeal proceedings
Substantial procedural violation (yes)
Remittal to the department of first instance (yes)
Reimbursement of the appeal fee (yes) - Catchword
- -
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.