T 0447/13 of 05.02.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T044713.20180205
- Date of decision
- 5 February 2018
- Case number
- T 0447/13
- Petition for review of
- -
- Application number
- 08153680.7
- IPC class
- G09G 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
- Display apparatus and control method thereof
- Applicant name
- Samsung Electronics Co., Ltd.
- Opponent name
- -
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 113(1)European Patent Convention Art 116(1)European Patent Convention Art 123(2)European Patent Convention Art 52(1)European Patent Convention Art 56European Patent Convention R 103(1)(a)European Patent Convention R 111(1)Rules of procedure of the Boards of Appeal Art 11
- Keywords
- Oral proceedings - non-attendance at oral proceedings in first instance proceedings
Oral proceedings - opportunity to present comments (no)
Remittal to the department of first instance - fundamental deficiency in first instance proceedings (yes)
Reimbursement of appeal fee - (yes) - Catchword
- For the purposes of deciding whether to grant a request for postponement of oral proceedings on grounds of illness, the reference to "serious illness" in the Guidelines means an illness which is sufficiently serious to prevent the representative travelling to oral proceedings and presenting the case on the appointed day (Reasons, point 5.3).
Where a request for postponement of oral proceedings is refused on the ground that the request was not sufficiently substantiated, it is incumbent upon the Examining Division to explain why it considers the substantiation insufficient. In other words, it should state in clear terms what, in its opinion, should have been submitted or explained, but was not (Reasons, point 6.4).
Order
For these reasons it is decided that:
The decision under appeal is set aside.
The case is remitted to the department of first instance for further prosecution.
The appeal fee shall be reimbursed.