T 0862/16 (Connection re-establishment/HTC) of 02.03.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T086216.20210302
- Date of decision
- 2 March 2021
- Case number
- T 0862/16
- Petition for review of
- -
- Application number
- 12004150.4
- IPC class
- H04W 76/02
- 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
- Methods for synchronizing PDCP operations after PRC connection re-establishment in a wireless communication system and related apparatuses thereof
- Applicant name
- HTC Corporation
- Opponent name
- Nokia Solutions and Networks Oy
- Board
- 3.5.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) (2007)European Patent Convention Art 112(1)(a) (2007)European Patent Convention Art 113(1) (2007)European Patent Convention Art 114(1) (2007)European Patent Convention Art 123(3) (2007)European Patent Convention Art 23(3) (2007)European Patent Convention Art 23(4) (2007)European Patent Convention Art 76(1) (2007)European Patent Convention R 103(1)(a) (2007)European Patent Convention R 12c (2016)Rules of procedure of the Boards of Appeal Art 11 (2020)Rules of procedure of the Boards of Appeal Art 12(2) (2020)Rules of procedure of the Boards of Appeal Art 13(1) (2020)Rules of procedure of the Boards of Appeal Art 13(2) (2020)Rules of procedure of the Boards of Appeal Art 23 (2020)
- Keywords
- Added subject-matter - main and auxiliary requests 1 to 10 (yes)
Admittance of auxiliary request 11 filed at oral proceedings (yes): exceptional circumstances
Added subject-matter - auxiliary request 11 (no, after amendments)
Extension of protection - auxiliary request 11 (no)
Objection introduced ex officio by the board - request for referral to Enlarged BoA (no)
Remittal to the opposition division for further prosecution
Remittal - (yes): novelty and inventive step not examined yet
Request for reimbursement of the appeal fee - (no): no substantial procedural violation - Catchword
- As to raising a new objection by a Board of Appeal ex officio under Article 114(1) EPC, see points 2.8 and 8 of the Reasons.
Order
For these reasons it is decided that:
1. The request for referral to the Enlarged Board of Appeal is refused.
2. The decision under appeal is set aside.
3. The case is remitted to the opposition division for further prosecution.
4. The request for reimbursement of the appeal fee is refused.