T 2360/17 (Buffer status reporting/INNOVATIVE) of 07.07.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T236017.20220707
- Date of decision
- 7 July 2022
- Case number
- T 2360/17
- Petition for review of
- -
- Application number
- 11003781.9
- IPC class
- H04W 72/12
- 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
- Method and apparatus for handling buffer status reporting in a wireless communication system
- Applicant name
- Innovative Sonic Corporation
- Opponent name
- Telefonaktiebolaget L M Ericsson (publ)
- Board
- 3.5.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention R 103(4)(a)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(2)
- Keywords
- Added subject-matter - main request and auxiliary request 2b (yes): unallowable intermediate generalisation
Admittance - auxiliary request 1c (no): deletion of claims is an "amendment" (T 1480/16, T 1857/19 and T 2201/19 not followed); no cogent reasons + no clear allowability
Partial reimbursement of appeal fee at 25% - (yes): withdrawal of the proprietor's appeal before announcement of decision - Catchword
- As to the divergence in the jurisprudence of the Boards of Appeal concerning the notion of an "amendment" within the meaning of Article 12(4) RPBA 2020, see point 2.4 of the Reasons.
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.