T 0105/11 (Compatibility control information/LG ELECTRONICS) of 10.03.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:T010511.20160310
- Date of decision
- 10 March 2016
- Case number
- T 0105/11
- Petition for review of
- -
- Application number
- 05771127.7
- IPC class
- G11B 19/12G11B 7/00
- 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
- Recording medium, method for recording control information in the recording medium, and method and apparatus for recording/reproducing data in/from the recording medium using the same
- Applicant name
- LG Electronics Inc.
- Opponent name
- -
- Board
- 3.5.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(2)European Patent Convention Art 56European Patent Convention R 103(1)(a)European Patent Convention R 111(2)European Patent Convention R 140European Patent Convention R 42(1)(c)Rules of procedure of the Boards of Appeal Art 11
- Keywords
- Correction of errors in decisions
Correction of error - incorrect form
Admissibility of appeal - statement of grounds - filed within time limit (no)
Admissibility of appeal - protection of legitimate expectations (yes)
Basis of decision - text submitted or agreed by applicant (no)
Substantial procedural violation - appealed decision sufficiently reasoned (no)
Remittal to the department of first instance - fundamental deficiency in first instance proceedings (yes)
Reimbursement of appeal fee - (yes) - Catchword
- See point 1 of the reasons.
- Citing cases
- T 0679/14
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.