European Patent Office

T 1199/18 of 27.01.2023

European Case Law Identifier
ECLI:EP:BA:2023:T119918.20230127
Date of decision
27 January 2023
Case number
T 1199/18
Petition for review of
-
Application number
11828288.8
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
DYNAMIC IMAGE ENCODING DEVICE, DYNAMIC IMAGE DECODING DEVICE, DYNAMIC IMAGE ENCODING METHOD, AND DYNAMIC IMAGE DECODING METHOD
Applicant name
Mitsubishi Electric Corporation
Opponent name
-
Board
3.5.04
Headnote
-
Relevant legal provisions
European Patent Convention Art 111(1)European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 011Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
Keywords
Main request - novelty - (no)
Auxiliary request 1 - amendment to appeal case - amendment gives rise to new objections (yes)
Auxiliary request 2 - amendment to appeal case - amendment overcomes issues raised (no)
Auxiliary request 3 - inventive step - (no)
Auxiliary request 4 - amendment to appeal case - amendment overcomes issues raised (no)
Auxiliary request 5 - amendment after summons - taken into account (yes)
Appeal decision - remittal to the department of first instance (yes)
Catchword
-
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 department of first instance for further prosecution.