European Patent Office

T 0809/21 of 05.07.2022

European Case Law Identifier
ECLI:EP:BA:2022:T080921.20220705
Date of decision
5 July 2022
Case number
T 0809/21
Petition for review of
-
Application number
07831774.0
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
COMMUNICATION DEVICE, IMAGE FORMING APPARATUS AND CARTRIDGE
Applicant name
Canon Kabushiki Kaisha
Opponent name
Nickel, André
Board
3.4.03
Headnote
-
Keywords
Extent of opposition
Reimbursement of appeal fee - substantial procedural violation (yes)
Catchword
In a case where the patent is not opposed in its entirety, the opposition being directed at certain claims only, and where the Opposition Division decides that all of the proprietor's requests in relation to the opposed claims must fail, only the unopposed claims, which are not part of any opposition proceedings, are left standing.
Hence, provided the requirements of Rule 82(1) EPC are met (either during oral proceedings or, in a written procedure, by means of a separate communication), the patent may be maintained on the basis of the unopposed claims, irrespective of whether the proprietor has filed an explicit request for this during the proceedings. Such a request would, in fact, be superfluous, since the unopposed claims have been granted and are not the subject of any opposition. The unopposed claims of the granted patent are therefore always available to the proprietor as the minimum basis on which the patent may be maintained (Reasons, point 5.2).
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 to be reimbursed in full.