T 0423/22 of 24.03.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T042322.20230324
- Date of decision
- 24 March 2023
- Case number
- T 0423/22
- Petition for review of
- -
- Application number
- 09179826.4
- IPC class
- B60C 23/04
- 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 Art 117
- Application title
- RFID enabled tire control system and method
- Applicant name
- The Goodyear Tire & Rubber Company
- Opponent name
- MICHELIN Recherche et Technique S.A.
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 117(1)(d)European Patent Convention R 117European Patent Convention R 118
- Keywords
- Evidence - public prior use
Evidence - hearing witness
Taking of evidence - hearing witness by videoconference - Catchword
- Hearing a witness in first instance proceedings by videoconference allowed sufficient interaction between the deciding body, the parties and the witness. Albeit a part of the witness' body language was not visible to the participants, this did not amount to an infringement of the parties' right to be heard since the judgement on the witness' credibility was mainly based on the conclusiveness of his/her testimony and the absence of contradictions within the witness' own testimony, between the testimonies of several witnesses and/or contradictions between the witness' testimony and information derivable from supporting documents (reasons, point 2).
Order
For these reasons it is decided that:
The appeal is dismissed.