T 0655/13 of 18.06.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T065513.20180618
- Date of decision
- 18 June 2018
- Case number
- T 0655/13
- Petition for review of
- -
- Application number
- 06843675.7
- 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
- VIDEO ENCODING METHOD, DECODING METHOD, DEVICE THEREOF, PROGRAM THEREOF, AND STORAGE MEDIUM CONTAINS THE PROGRAM
- Applicant name
- Nippon Telegraph and Telephone Corporation
National University Corporation Nagoya University - Opponent name
- -
- Board
- 3.5.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1)European Patent Convention R 103(1)(a)European Patent Convention R 111(2)Rules of procedure of the Boards of Appeal Art 11
- Keywords
- Appealed decision sufficiently reasoned (no)
Remittal to the department of first instance and reimbursement of the appeal fee - fundamental deficiency in first instance proceedings (yes) - Catchword
- In order for the examining division to make its reasoning on the basis of a pertinent prior-art document in a non-official EPO language comprehensible to the board, it must provide the translation used in the examination proceedings of at least the relevant sections of the document (or even of the whole document, if this is necessary for its overall understanding) into an official language of the EPO. Otherwise, the board is unable to examine the reasons for the decision, and in certain cases even whether the decision was justified or not, which amounts to a violation of the legal requirement for reasoned decisions under Rule 111(2) EPC (Reasons, point 2.4.2(d)(ii)).
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.