T 0536/25 of 05.06.2026
- European Case Law Identifier
- ECLI:EP:BA:2026:T053625.20260605
- Date of decision
- 5 June 2026
- Case number
- T 0536/25
- Online on
- 10 June 2026
- Petition for review of
- -
- Application number
- 13848638.6
- IPC class
- B62K 25/08B62K 5/08
- 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
- -
- Application title
- SUSPENSION DEVICE
- Applicant name
- Yamaha Hatsudoki Kabushiki Kaisha
KYB Corporation - Opponent name
- -
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1)European Patent Convention Art 11European Patent Convention R 103(1)
- Keywords
- Substantial procedural violation - reimbursement of appeal fee (yes)
Right to be heard - violation (yes) - Catchword
- The right to be heard is violated where, following a remittal on account of a substantial procedural violation resulting from the failure to substantiate the sole ground underlying the decision refusing the application, the examining division immediately issues a further decision substantiating that ground without first affording the applicant an opportunity to present comments.
- Cited cases
- T 1753/21
- 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 department of first instance for further prosecution.
3. The appeal fee is reimbursed.