European Patent Office

T 1285/23 of 19.09.2025

European Case Law Identifier
ECLI:EP:BA:2025:T128523.20250919
Date of decision
19 September 2025
Case number
T 1285/23
Petition for review of
-
Application number
17179765.7
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
Abstract on Article 111(2) EPC
Application title
PATIENT INTERFACE
Applicant name
Fisher & Paykel Healthcare Limited
Opponent name
-
Board
3.2.02
Headnote
-
Keywords
Res judicata
Binding effect of board of appeal decision on the department of first instance
Principle of the protection of legitimate expectations
Substantial procedural violation - (yes)
Reimbursement of the appeal fee (yes)
Catchword
In view of the principle of res judicata, the Examining Division is not competent to decide in substance on a request in respect of which the Legal Board of Appeal has issued a final decision in proceedings relating to the same patent application.
Citing cases
R 0003/25

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The request to add Great Britain as a validly designated state in the application is refused as inadmissible.

3. The appeal fee is reimbursed.