T 0255/22 of 10.05.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T025522.20230510
- Date of decision
- 10 May 2023
- Case number
- T 0255/22
- Petition for review of
- -
- Application number
- 11718513.2
- 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
- Abstract on EPC2000 R 140
- Application title
- STAIR TREAD ELEMENT, STAIR RENOVATION ORNAMENT, KIT AND METHOD
- Applicant name
- SIP B.V.
- Opponent name
- Van Eyck Shutters B.V.
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 106European Patent Convention Art 107European Patent Convention Art 111(1)European Patent Convention Art 112a(1)European Patent Convention R 103(1)(a)European Patent Convention R 111(2)European Patent Convention R 124(1)European Patent Convention R 124(3)European Patent Convention R 139European Patent Convention R 140Rules of procedure of the Boards of Appeal 2020 Art 012(1)(a)
- Keywords
- Admissibility of appeal - left open
Correction of error in decisions
Correction of error - alleged errors concern reasons given by department of first instance in written decisions
Correction of minutes of department of first instance
Reimbursement of appeal fee - (no) - Catchword
- No competence for the Board to correct or amend under Rule 140 EPC the reasons given by a first-instance department in the written decision, or to order such a correction or amendment (see point 2.2.1).
No competence for the Board to confirm that an "obvious mistake" within the meaning of Rule 140 EPC was made in the reasons given by a first-instance department in the written decision (see point 2.3).
No competence for the Board to correct or amend the content of the minutes of oral proceedings before a first-instance department, or to order such a correction or amendment (see point 3.3).
Order
For these reasons it is decided that:
1. The appeal is dismissed.
2. The request for reimbursement of the appeal fee is refused.