T 0655/21 (Capacity allocation in satellite systems/VIASAT) of 25.01.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T065521.20240125
- Date of decision
- 25 January 2024
- Case number
- T 0655/21
- Petition for review of
- -
- Application number
- 11778122.9
- IPC class
- H04B 7/185H04B 7/204
- 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
- Flexible capacity satellite communications system
- Applicant name
- ViaSat, Inc.
- Opponent name
- The European Union, represented by the European
Commission - Board
- 3.5.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 111(1)European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 011Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Inventive step - main request (no): no credible technical effect over the whole scope claimed
Admittance of amendment to opponent's appeal case - new line of attack based on document D18 (yes): "exceptional circumstances"
Admittance of amendment to proprietor's appeal case - auxiliary request 1 (yes): "exceptional circumstances"
Admittance of D23 not admitted by opposition division - (no): no need to prove skilled person's common general knowledge
Admittance of D26 not admitted by opposition division - (yes): "exceptional circumstances"
Remittal to opposition division
Remittal - (yes): "special reasons" -facts and claim requests underlying appeal case have changed - Catchword
- As to the argument that the board should/could not review parts of the appealed decision which were not challenged by the appellant, reference is made to point 1.7 of the Reasons.
- Citing cases
- T 2010/22
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.