T 0806/18 of 08.07.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T080618.20210708
- Date of decision
- 8 July 2021
- Case number
- T 0806/18
- Petition for review of
- -
- Application number
- 14195097.2
- 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
- Organic light emitting diode display device and method of driving the same
- Applicant name
- LG Display Co., Ltd.
- Opponent name
- -
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 52(1)European Patent Convention Art 56European Patent Convention Art 82European Patent Convention Art 84European Patent Convention R 44European Patent Convention R 62(1)European Patent Convention R 64(1)European Patent Convention R 64(2)
- Keywords
- Inventive step - (yes)
Reimbursement of additional search fee - (yes) - Catchword
- In determining whether or not to request further search fees from an applicant, the Search Division should not adopt a purely algorithmic approach, but should consider whether it would be reasonable, under the circumstances of the case and in the light of the subject-matter already searched and the prior art found, to demand additional fees for extending the search to the remaining claims (see Reasons, point 5.5).
- Cited cases
- G 0001/91
- Citing cases
- T 2703/18
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 with the order to grant a patent on the basis of claims 1-3 of the amended main request and pages 1-9 of the amended description, both submitted by the appellant during the oral proceedings before the Board, and sheets 1/9-9/9 of drawings as originally filed.
3. The additional search fee is to be reimbursed.