T 2459/12 of 17.10.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T245912.20131017
- Date of decision
- 17 October 2013
- Case number
- T 2459/12
- Petition for review of
- -
- Application number
- 05753499.2
- 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
- DISPLAY DEVICE AND METHOD, RECORDING MEDIUM, AND PROGRAM
- Applicant name
- Sony Corporation
- Opponent name
- -
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 112(1) 1973European Patent Convention Art 123(2)European Patent Convention Art 150(2)European Patent Convention Art 153(2)European Patent Convention Art 153(5)European Patent Convention Art 153(7)European Patent Convention Art 157(2)(a) 1973European Patent Convention Art 164(2) 1973European Patent Convention Art 82 1973European Patent Convention Art 92 1973European Patent Convention Art 94 1973European Patent Convention Art 94(3)European Patent Convention Art 97(2)European 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 36(1)European Patent Convention R 46(1) 1973European Patent Convention R 58 1973European Patent Convention R 64(1)European Patent Convention R 71(2) 1973European Patent Convention R 86(2) 1973European Patent Convention R 86(4) 1973Guidelines_13(2)Guidelines_4(2)Guidelines_5(7) (Edition of 2010)Guidelines_7.4(2)Guidelines_E-IXGuidelines_E-VIIIGuidelines_F-VGuidelines_H-IIPatent Cooperation Treaty Art 11(3)PCT_17(3)(a)PCT_17(3)(b)PCT_22(1)PCT_27(1)PCT_27(4)PCT_34(3)(c)PCT_45(1)PCT_45a(6)(a)(i)PCT_R. 45aRules of procedure of the Boards of Appeal Art 15(1)Rules of procedure of the Boards of Appeal Art 15(3)Rules of procedure of the Boards of Appeal Art 15(5)Rules of procedure of the Boards of Appeal Art 15(6)VCLTIO)
- Keywords
- Applicant entitled to pursue subject-matter not covered by the European search report (no)
Applicant entitled to have further search report drawn up (no)
Applicability of Rule 137(5) EPC
Referral to the Enlarged Board of Appeal (no) - Catchword
- The approach to the application of Rule 164(2) EPC which is set out in the Guidelines is confirmed (point 3.9).
Where, following the drawing up of a supplementary European search report by the EPO, an applicant files amended claims seeking protection for subject-matter which is not covered by the supplementary European search report as a result of the application of Rule 164(1) EPC, an objection under Rule 137(5) EPC should be raised (point 4.3).
Non-compliance with Rule 137(5) EPC is a ground for refusing an application (point 5.3).
A question regarding a point of law, the answer to which would affect only a relatively small number of applicants for a limited period of time, after which it would become obsolete, is not to be regarded as a question relating to a point of law of fundamental importance and therefore does not warrant a referral to the Enlarged Board of Appeal (point 6).
Order
For these reasons it is decided that:
1. The request for referral of questions to the Enlarged Board of Appeal is refused.
2. The appeal is dismissed.