T 1567/17 of 13.02.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T156717.20180213
- Date of decision
- 13 February 2018
- Case number
- T 1567/17
- Petition for review of
- -
- Application number
- 11159199.6
- 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
- Apparatus and method of offset correction for video coding
- Applicant name
- HFI Innovation Inc.
- Opponent name
- -
- Board
- 3.5.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1)European Patent Convention R 103(1)(a)European Patent Convention R 111(2)European Patent Convention R 71(3)European Patent Convention R 71(6)European Patent Convention R 99(1)(c)European Patent Convention R 99(2)Rules of procedure of the Boards of Appeal Art 11
- Keywords
- Admissibility of appeal - notice of appeal
Admissibility of appeal - request defining subject of appeal (yes)
Right to be heard - opportunity to comment (no)
Right to be heard - appealed decision sufficiently reasoned (no)
Remittal to the department of first instance and reimbursement of the appeal fee
Remittal to the department of first instance - fundamental deficiency in first instance proceedings (yes) - Catchword
- The applicant's remark in a response under Rule 71(6) EPC that an amended feature "can also be omitted if regarded as violating Article 123(2) EPC" cannot be construed as waiving its right to be heard and its right to a reasoned decision in case the application were to be refused. Rather, this remark merely intimates that the applicant would accept the issue of a new communication under Rule 71(3) EPC on the basis of the amended set of claims without said feature (Reasons,
points
2.1 to 2.3.1). - Citing cases
- -
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 appeal fee is to be reimbursed.