T 1088/11 of 17.06.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:T108811.20160617
- Date of decision
- 17 June 2016
- Case number
- T 1088/11
- Petition for review of
- -
- Application number
- 01305966.2
- IPC class
- H01L 25/07H01L 23/495
- 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
- Semiconductor device
- Applicant name
- Hitachi, Ltd.
- Opponent name
- Infineon Technologies AG
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 18(2)European Patent Convention Art 19(2)European Patent Convention Art 21(4)European Patent Convention R 103(1)(a)European Patent Convention R 113European Patent Convention R 115(1)Rules of procedure of the Boards of Appeal Art 11
- Keywords
- Composition of the opposition division
Remittal to the department of first instance - (yes)
Fundamental procedural defect - (yes)
Reimbursement of appeal fee - (yes)
Competence of the boards of appeal - composition of the board of appeal - Catchword
- In principle, an opposition division may set aside a decision to enlarge its composition pursuant to Article 19(2) EPC (Reasons, point 11.2).
Where an opposition division has been enlarged, but the case is nevertheless decided in a composition of three members, there should be clear evidence on the public file that a decision to set aside enlargement was taken by the opposition division in its four member composition prior to the final decision (Reasons, point 17.3).
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 shall be reimbursed.