T 0359/11 of 13.05.2015
- European Case Law Identifier
- ECLI:EP:BA:2015:T035911.20150513
- Date of decision
- 13 May 2015
- Case number
- T 0359/11
- Petition for review of
- -
- Application number
- 08759496.6
- 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
- SYSTEM AND METHOD FOR MANAGING AND DELIVERING E-LEARNING TO HAND HELD DEVICES
- Applicant name
- Intuition Publishing Limited
- Opponent name
- -
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 113(2)European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention R 137(3)European Patent Convention R 45 1973Patent Cooperation Treaty Art 15Patent Cooperation Treaty Art 17(2)(a)Patent Cooperation Treaty Art 18Patent Cooperation Treaty R 39(1)(v)
- Keywords
- Amendments - consent of examining division (no)
Examination procedure - correct exercise of discretion (no)
Inventive step - mixture of technical and non-technical features
Additional search
Remittal to the department of first instance - Catchword
- Where the relevant search authority has stated, either in a search report or in a declaration that no search report will be established, that it is not necessary to cite any documentary evidence of the prior art on the grounds that all of the technical features of the claimed invention are notorious, it is always incumbent upon the examining division to consider whether an additional search is necessary. The criterion to be applied is that if the invention as claimed contains at least one technical feature which is not notorious, the application should normally not be refused for lack of inventive step without performing an additional search (see Reasons, point 3.9, and T 690/06, Reasons, point 8).
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.