T 1981/12 of 24.09.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T198112.20130924
- Date of decision
- 24 September 2013
- Case number
- T 1981/12
- Petition for review of
- -
- Application number
- 05856008.7
- IPC class
- F25B 41/06F25B 41/00F25B 49/00
- 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
- High side pressure regulation for transcritical vapor compression
- Applicant name
- Carrier Commercial Refrigeration, Inc.
- Opponent name
- -
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 106(1)European Patent Convention Art 153(6)European Patent Convention Art 153(7)European Patent Convention Art 177 1973European Patent Convention Art 33(1)(b)European Patent Convention Art 82European Patent Convention R 112 1973European Patent Convention R 137(5)European Patent Convention R 164(1)European Patent Convention R 164(2)European Patent Convention R 46(1) 1973European Patent Convention R 64(1)European Patent Convention R 86(4) 1973
- Keywords
- Subject matter searched in international phase to be considered as searched in European phase (no)
Additional search (no)
Remittal (yes)
Reimbursement of appeal fee (no) - Catchword
- 1. Claims whose subject matter has not been covered by a search report drawn up by the EPO will not be examined by the EPO for novelty or inventive step (Points 5.3, 5.4)
2. Where subject matter is covered by a search report drawn up by an ISA other than the EPO in the international phase but is not covered by the supplementary search report drawn up by the EPO in the European phase in the application of Rule 164(1) EPC, the subject matter is not to be regarded as covered by a search report for the purposes of Rule 164(2) EPC (Points 6,7 and 8).
3. Where on entering the European phase the application documents are considered by the EPO not to meet the requirements of unity, with the result that a supplementary European search report is drawn up on only those parts of the application which relate to the invention first mentioned in the claims (Rule 164(1) EPC), the applicant is not entitled to have a further search report drawn up to cover the other invention or inventions (Point 9).
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Examining Division for further examination on the basis of the second auxiliary request.
3. The request for reimbursement of the appeal fee is refused.