T 1775/12 (Second oral proceedings/ADC Telecommunications) of 15.06.2015
- European Case Law Identifier
- ECLI:EP:BA:2015:T177512.20150615
- Date of decision
- 15 June 2015
- Case number
- T 1775/12
- Petition for review of
- -
- Application number
- 08000126.6
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Fiber distribution hub with pivotally mounted chassis
- Applicant name
- ADC Telecommunications, Inc.
- Opponent name
- -
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- EPC2000_Art_116(1)_(2007)_Sent_2European Patent Convention R 103(1)(a)European Patent Convention R 137(3)
- Keywords
- Power to refuse second oral proceedings (no)
Substantial procedural violation (yes) - Catchword
- The procedural issue of admission under Rule 137(3) EPC of amendments filed in response to a communication under Rule 71(3) EPC constitutes a "subject of the proceedings" within the meaning of Article 116(1), second sentence, EPC which is distinct from the discussion of matters of substantive law that has previously taken place at oral proceedings.
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. Reimbursement of the appeal fee is ordered.