T 2239/15 (MPEG INPUT DOCUMENTS / Fraunhofer - Dolby) of 19.06.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T223915.20190619
- Date of decision
- 19 June 2019
- Case number
- T 2239/15
- Petition for review of
- -
- Application number
- 11707400.5
- IPC class
- G10L 19/02G10L 21/02G10L 21/04
- 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
- APPARATUS AND METHOD FOR PROCESSING AN INPUT AUDIO SIGNAL USING CASCADED FILTERBANKS
- Applicant name
- Fraunhofer-Gesellschaft zur Förderung der
angewandten Forschung e.V.
Dolby International AB - Opponent name
- -
- Board
- 3.4.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54
- Keywords
- Novelty - (no)
Novelty - availability to the public
MPEG standards
Principle of good faith and legitimate expectations - Catchword
- A disclosure is regarded as made available to the public if, at the relevant date, it was possible for members of the public to gain knowledge of its contents and there was no bar of confidentiality restricting the use or dissemination of such knowledge (T 877/90).
In the absence of an explicit confidentiality agreement, a bar of confidentiality cannot be seen to have been in place, in the present case. In view of the collaborative nature of the development process and the consensus-building procedure inherent to MPEG, confidentiality could not be guaranteed.
The evidence points to a system designed to guarantee a certain "privacy" of its data while at the same time being sufficiently pragmatic and flexible to allow consultation with other parties in order for it satisfactorily to fulfil its mission.
Order
For these reasons it is decided that:
1. The request for referral to the Enlarged Board of Appeal is refused.
2. The appeal is dismissed.