T 1067/21 of 23.03.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T106721.20230323
- Date of decision
- 23 March 2023
- Case number
- T 1067/21
- Petition for review of
- -
- Application number
- 13857169.0
- IPC class
- C12M 1/34A24C 1/00G06F 19/00
- 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
- SYSTEM AND METHOD FOR AUTOMATIC PLANT TISSUE SAMPLING
- Applicant name
- Fraunhofer USA, Inc.
- Opponent name
- BOCK Bio Science GmbH
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 52(1)European Patent Convention Art 54European 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)Rules of procedure of the Boards of Appeal 2020 Art 15a(1)
- Keywords
- Novelty - main request (yes)
Appeal decision - remittal to the department of first instance (yes)
Remittal - special reasons for remittal (yes)
Amendment after summons - exceptional circumstances (no)
Amendment after summons - taken into account (no)
Amendment after summons - cogent reasons (no)
Discretional decision of the Board to hold oral proceedings by videoconference - Catchword
- -
- Cited cases
- -
- 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 request for reimbursement of the appeal fee is refused.