T 1205/12 (Optimization of decisions/LANDMARK GRAPHICS) of 14.12.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T120512.20121214
- Date of decision
- 14 December 2012
- Case number
- T 1205/12
- Petition for review of
- -
- Application number
- 06751928.0
- IPC class
- G06N 5/00
- 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
- Analysis of multiple assets in view of uncertainties
- Applicant name
- LANDMARK GRAPHICS CORPORATION
- Opponent name
- -
- Board
- 3.5.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention R 67 1973European Patent Convention R 68(2) 1973Rules of procedure of the Boards of Appeal Art 11
- Keywords
- Decision sufficiently reasoned - no
Substantial procedural violation - yes
Remittal for further prosecution - Catchword
- The mere reference to jurisprudence of the boards of appeal does not, by itself, constitute or re place an argument in a first instance decision. If a de ciding body, in a decision, wants to rely on an ar gu ment put forward in a decision of the boards it is insufficient merely to refer to it or to recite it. The deciding body must also make clear that it adopts the argu ment and explain why, in what respect and to what extent this argument applies to the case at hand.
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 reimbursed.