T 0266/18 (DATA STORAGE SYSTEM EXPORTING LOGICAL VOLUMES AS STORAGE OBJECTS / VMWare) of 30.03.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T026618.20210330
- Date of decision
- 30 March 2021
- Case number
- T 0266/18
- Online on
- 7 April 2021
- Petition for review of
- -
- Application number
- 12768927.1
- IPC class
- G06F 3/06
- 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
- DATA STORAGE SYSTEM EXPORTING LOGICAL VOLUMES AS STORAGE OBJECTS
- Applicant name
- VMWare, Inc.
- Opponent name
- -
- Board
- 3.5.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) (2007)European Patent Convention R 71(6) (2012)Rules of procedure of the Boards of Appeal Art 11 (2020)European Patent Convention R 103(1)(a) (2007)European Patent Convention Art 111(1) (2007)
- Keywords
- Right to be heard - substantial procedural violation (yes)
Right to be heard - opportunity to comment (no)
Remittal to the department of first instance
Remittal - fundamental deficiency in first instance proceedings (yes)
Appealed decision - reasoned (no)
Reimbursement of appeal fee - equitable by reason of a substantial procedural violation - Catchword
- -
- Cited cases
- -
- Citing cases
- -
Order
For these reasons it is decided that:
The decision under appeal is set aside.
The application is remitted to the examining division for further prosecution.
The appeal fee is reimbursed in full.