T 1802/17 of 28.10.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T180217.20211028
- Date of decision
- 28 October 2021
- Case number
- T 1802/17
- Petition for review of
- -
- Application number
- 13725184.9
- 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 FOR INVENTORY CONTROL
- Applicant name
- Anning, Bernard Edgar
- Opponent name
- -
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 97(1)European Patent Convention R 103(1)(a)
- Keywords
- Inventive step - main request (yes)
Substantial procedural violation - violation of the right to be heard (yes)
Substantial procedural violation - reimbursement of appeal fee (yes) - Catchword
- -
- Cited cases
- T 0763/04
- 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 examining division with the order to grant a patent in the following version:
- Description, pages 1 to 28, filed with letter of 5 May 2021;
- Claims 1 to 13 titled "AMENDED MAIN REQUEST", filed with letter of 5 May 2021;
- Drawings, Sheets 1/11 to 11/11 as published.
3. The appeal fee is to be reimbursed.