T 1869/12 of 13.12.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T186912.20131213
- Date of decision
- 13 December 2013
- Case number
- T 1869/12
- Petition for review of
- -
- Application number
- 06784349.0
- 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
- ADAPTIVE SANITATION SYSTEM
- Applicant name
- The Coca-Cola Company
- Opponent name
- -
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1)European Patent Convention Art 113(2)European Patent Convention Art 21(3)(a)European Patent Convention Art 97(1)European Patent Convention R 111(2)European Patent Convention R 140European Patent Convention R 71(3)European Patent Convention R 71(4)European Patent Convention R 71(5)
- Keywords
- Correction of the published European patent specification - refused
- Catchword
- In case of procedural violations in the granting procedure, rectification is only possible via appeal against the decision to grant (point 4.5).
A correction of the published European patent specification or of the decision to grant cannot be allowed when this specification corresponds to the true intention of the Examining Division when granting the patent (points 4.1-4.4)
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 to be reimbursed.