T 0706/15 of 13.11.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T070615.20191113
- Date of decision
- 13 November 2019
- Case number
- T 0706/15
- Online on
- 19 December 2019
- Petition for review of
- -
- Application number
- 04001720.4
- IPC class
- H05B 3/74
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Top Plate for Cooker
- Applicant name
- Nippon Electric Glass Co., LTD
- Opponent name
- Eurokera S.N.C.
- Board
- 3.5.02
- Headnote
- -
- Relevant legal provisions
- Rules of procedure of the Boards of Appeal Art 13(1)European Patent Convention R 103(1)(a)European Patent Convention Art 101(3)European Patent Convention Art 113(2)
- Keywords
- Late-filed requests not admitted
Late-filed request - no justification for late filing, introduction of substantive aspects not previously discussed, need to remit upon admittance likely, Board had not suggested in summons that claims amended in a certain way would be likely to be admitted
No reimbursement of the appeal fee - not equitable by reason of a substantial procedural violation - Catchword
- -
- Cited cases
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.
3. The request for reimbursement of the appeal fee is refused.