T 2431/19 (Partial search/HARMAN) of 24.06.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T243119.20210624
- Date of decision
- 24 June 2021
- Case number
- T 2431/19
- Petition for review of
- -
- Application number
- 14151069.3
- IPC class
- H04L 29/12
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Network address management and functional object discovery system
- Applicant name
- Harman International Industries, Inc.
- Opponent name
- -
- Board
- 3.5.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 92European Patent Convention R 103(1)(a)European Patent Convention R 137(5)European Patent Convention R 63Guidelines_for Examination, November 2018 edition, F-IV, 3(3) and H-II, 6(2)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)
Substantial procedural violation - (yes): erroneous application of R. 137(5) EPC
Amended claims relating to unsearched subject-matter in accordance with R. 63 EPC - (no)
Additional search necessary - (no)
Reimbursement of the appeal fee - (yes)
Remittal to the examining division
Remittal - (yes) - Catchword
- Rule 137(5) EPC provides for a mandatory requirement that amended claims must fulfil to be allowable. Relating to substantive law rather than to procedural law, Rule 137(5) EPC does not provide a legal basis for the exercise of discretion. The non-admittance of an amended set of claims on the basis of that Rule alone therefore constitutes a substantial procedural violation under Rule 103(1)(a) EPC (see point 2.2 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 examining division for further prosecution.
3. The appeal fee is reimbursed.