T 2348/19 (Missing signatures/QUALCOMM) of 13.04.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T234819.20210413
- Date of decision
- 13 April 2021
- Case number
- T 2348/19
- Petition for review of
- -
- Application number
- 14704496.0
- IPC class
- H03F 1/02H04W 52/52
- 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
- Power tracker for multiple transmit signals sent simultaneously
- Applicant name
- Qualcomm Incorporated
- Opponent name
- Apple Inc.
Intel Corporation (until 12 February 2021) - Board
- 3.5.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 116(1)European Patent Convention R 103(1)(a)European Patent Convention R 113(1)European Patent Convention R 124(3)Rules of procedure of the Boards of Appeal Art 11Rules of procedure of the Boards of Appeal Art 12(8)
- Keywords
- Decision in written proceedings - (yes): no oral proceedings necessary or appropriate
Missing signatures of opposition division's chair - substantial procedural violation (yes)
Remittal - fundamental deficiency in first-instance proceedings (yes)
Reimbursement of appeal fee - (yes) - Catchword
- If a member of the department of first instance, who participated in the oral proceedings before that department, is unable to act at the time the reasoned decision is to be issued, for example due to death or a longer lasting illness, one of the other members may sign on behalf of the incapacitated member. However, in such a situation, a written explanation as to why one member is signing on behalf of another must be provided. In the absence of such an explanation, the contravention of Rule 113(1) EPC constitutes a substantial procedural violation (see points 1.3 and 1.4 of the Reasons).
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.