T 2081/16 (Failure to communicate the text intended for grant) of 15.11.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T208116.20181115
- Date of decision
- 15 November 2018
- Case number
- T 2081/16
- Petition for review of
- -
- Application number
- 08767833.0
- IPC class
- H04K 3/00H04B 7/155
- 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
- ON FREQUENCY REPEATER WITH AGC STABILITY DETERMINATION
- Applicant name
- Intel Corporation
- Opponent name
- -
- Board
- 3.5.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108European Patent Convention Art 113(2)European Patent Convention Art 97(1)European Patent Convention R 71(3)European Patent Convention R 71(5)
- Keywords
- Admissibility of appeal - appellant adversely affected despite decision to grant a patent
Fundamental procedural defect - patent granted without agreement on the text for grant - Catchword
- Rule 71(5) EPC only applies where the text intended for grant has been communicated to the applicant according to Rule 71(3) EPC (see Reasons 1.4).
Differentiation from G 0001/10 (see Reasons 3).
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 with the order to grant a patent on the basis of the following documents:
- claims 1 to 16 as filed with the letter dated 29 July 2015;
- description pages 1, 4, 4a, 5, 13 and 23 as filed with the letter dated 29 July 2015;
- description pages 2, 3, 6 to 12, 14 to 22 and 24 as originally filed; and
- drawing sheets 1/9 to 9/9 as published.