T 2018/18 of 12.10.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T201818.20211012
- Date of decision
- 12 October 2021
- Case number
- T 2018/18
- Online on
- 15 October 2021
- Petition for review of
- -
- Application number
- 13162092.4
- IPC class
- B65G 1/137
- 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
- Method and device for collecting products from product containers in collecting containers according to orders
- Applicant name
- Vanderlande Industries B.V.
- Opponent name
- SSI Schäfer Automation GmbH
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 113(1)Rules of procedure of the Boards of Appeal Art 11Rules of procedure of the Boards of Appeal Art 12(8)European Patent Convention R 103(1)(a)
- Keywords
- Right to be heard - opportunity to comment (no)
Right to be heard - opposition procedure
Right to be heard - substantial procedural violation (yes)
Appeal decision - remittal to the department of first instance (yes)
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:
1. The decision under appeal is set aside.
2. The case is remitted to the opposition division for further prosecution.
3. The appeal fee is reimbursed in full.