T 1713/20 of 20.10.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T171320.20211020
- Date of decision
- 20 October 2021
- Case number
- T 1713/20
- Petition for review of
- -
- Application number
- 14758539.2
- IPC class
- C07D 499/00A61K 9/20
- 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
- MICRONIZED AMOXICILLIN
- Applicant name
- Centrient Pharmaceuticals Netherlands B.V.
- Opponent name
- -
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1)European Patent Convention R 103(1)(a)European Patent Convention R 111(2)Rules of procedure of the Boards of Appeal 2020 Art 011
- Keywords
- Substantial procedural violation
Right to be heard
Remittal
Reimbursement of appeal fee - Catchword
- The requirement in Rule 111(2) EPC of a decision being reasoned is not met if the decision merely contains statements that at best give rise to speculation about what the deciding body might have intended to express (Reasons, 1.3.3).
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.
3. The appeal fee is refunded.