T 1564/21 (Substantial procedural violation) of 01.08.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T156421.20230801
- Date of decision
- 1 August 2023
- Case number
- T 1564/21
- Petition for review of
- -
- Application number
- 18193599.0
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- SURGICAL HUB COORDINATION OF CONTROL AND COMMUNICATION OF OPERATING ROOM DEVICES
- Applicant name
- Ethicon LLC
- Opponent name
- -
- Board
- 3.5.05
- Headnote
- -
- Relevant legal provisions
- 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
- Appealed decision - sufficiently reasoned (no)
Appealed decision - substantial procedural violation (yes)
Remittal - fundamental deficiency in first-instance proceedings (yes)
Reimbursement of appeal fee - equitable by reason of a substantial procedural violation - Catchword
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- Cited cases
- -
- Citing cases
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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 to be reimbursed in full.