T 1142/12 of 08.04.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T114212.20140408
- Date of decision
- 8 April 2014
- Case number
- T 1142/12
- Petition for review of
- -
- Application number
- 05021885.8
- IPC class
- C08L 23/04
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Polyethylene composition for injection moulding with improved stress crack/stiffness relation and impact resistance
- Applicant name
- Borealis Technology Oy
- Opponent name
- -
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 10European Patent Convention Art 10(1)European Patent Convention Art 10(2)European Patent Convention Art 10(2)(a)European Patent Convention Art 10(2)(b)European Patent Convention Art 112(1)(a)European Patent Convention Art 113(1)European Patent Convention Art 18(1)European Patent Convention Art 18(2)European Patent Convention Art 4European Patent Convention Art 6European Patent Convention Art 84European Patent Convention R 70aEuropean Patent Convention R 70bEuropean Patent Convention R 71European Patent Convention R 72
- Keywords
- Remittal with order to hold oral proceedings in Munich instead of The Hague - Board has no competence to take decision relating to the venues of oral proceedings Referral of question to the Enlarged Board of Appeal - (no, Board not competent)
Clarity of claims - (no)
Reimbursement of appeal fee - (no) - Catchword
- The question of the venue of oral proceedings is a matter of organisational nature which belongs to the management of the Office pursuant to Art.10 (2) EPC.
When not acceding to a request for holding oral proceedings in Munich instead of The Hague, the Examining Division does not take a decision but only expresses the way the EPO is managed.
Consequently, that issue is not subject to appeal, nor can the Board refer a question on the venue of oral proceedings to the Enlarged Board of Appeal. - Citing cases
- T 0831/17
Order
For these reasons it is decided that:
1. The appeal is dismissed.
2. The request for reimbursement of the appeal fee is refused.