T 1750/14 (Postponement of oral proceedings/SISVEL) of 31.01.2017
- European Case Law Identifier
- ECLI:EP:BA:2017:T175014.20170131
- Date of decision
- 31 January 2017
- Case number
- T 1750/14
- Petition for review of
- -
- Application number
- 03007772.1
- 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
- Activation of multiple xDSL modems with implicit channel probe
- Applicant name
- SISVEL International S.A.
- Opponent name
- -
- Board
- 3.5.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 113(1)European Patent Convention R 103(1)(a)European Patent Convention R 111(2)European Patent Convention R 116European Patent Convention R 132(2)European Patent Convention R 71a(1) 1973Guidelines_D-VI, 3(2)Rules of procedure of the Boards of Appeal Art 11
- Keywords
- Substantial procedural violation - (yes): lack of substantiation as to refusal of request for postponement of final date under Rule 116(1) EPC
Remittal to the first instance for further prosecution - (yes)
Reimbursement of the appeal fee - (no) - Catchword
- Interpretation of Rule 116(1) EPC in conjunction with Rule 132(2) EPC; see points 1.2.2 to 1.2.4 of the Reasons.
- Citing cases
- T 1706/19
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 request for reimbursement of the appeal fee is refused.