T 0695/18 (Withdrawal of the withdrawal of the appeal/ZTE) of 03.03.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T069518.20230303
- Date of decision
- 3 March 2023
- Case number
- T 0695/18
- Petition for review of
- -
- Application number
- 11865564.6
- IPC class
- H04L 5/00H04W 24/10H04W 68/00
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on EPC2000 R 139
- Application title
- Method for notifying interference measurement reference information, method and device for measuring interference
- Applicant name
- ZTE Corporation
- Opponent name
- -
- Board
- 3.5.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 112a(2)(d)European Patent Convention Art 112a(5)European Patent Convention Art 164(2)European Patent Convention R 104(b)European Patent Convention R 108(3)European Patent Convention R 139European Patent Convention R 36(1)Rules of procedure of the Boards of Appeal 2020 Art 020(1)Vienna Convention on the Law of Treaties (1969) Art 31(1)
- Keywords
- Correction of withdrawal of appeal - (no): Rule 139 EPC not applicable to non-pending appeal cases
Pendency of application after withdrawal of appeal - (no)
Divergence from an interpretation of the EPC in earlier decisions of any Board - (yes): different interpretation of Rule 139 EPC - Catchword
- 1. "Proceedings" to be re-opened under Article 112a(5) EPC following an allowable petition are limited to rectifying the defect found according to the review decision. The present proceedings as re-opened by the Enlarged Board in R 3/22 are thus not the appeal proceedings, but "ancillary proceedings" with the limited purpose to decide on the request for correction of the withdrawal of the appeal (see point 2 of the Reasons).
2. Rule 139 EPC is applicable only if proceedings before the EPO for some other purpose are pending when the request for correction is received by the EPO. The request for correction is inadmissible if received when no such proceedings are pending (see point 3 of the Reasons).
3. A patent application subject to the examining division's refusal, which is in turn subject to an appeal that has been withdrawn, is not "pending" within the meaning of Rule 36(1) EPC (see point 4 of the Reasons).
Order
For these reasons it is decided that:
1. The request for correction of the withdrawal of the appeal is refused.
2. European patent application No. EP11865564 has not been pending since 29 September 2021.