T 0933/92 (Sensor) of 06.12.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T093392.19931206
- Date of decision
- 6 December 1993
- Case number
- T 0933/92
- Petition for review of
- -
- Application number
- 89904000.0
- IPC class
- G01P 41/00
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Sensor zur Erfassung eines Bewegungsparameters, z.B. Crashsensor eines Kfz
- Applicant name
- Siemens
- Opponent name
- -
- Board
- 3.4.01
- Headnote
The following points of law shall be referred to the Enlarged Board of Appeal under Article 112(1)(a) EPC:
1. In an appeal from a decision of an Examining Division in which a violation of one or more specified requirements of the EPC has been relied upon as the ground for refusal of a European patent application, when examining the appeal under Article 110 EPC does the Board of Appeal have either the obligation or the power to examine whether the application meets other requirements of the EPC which the Examining Division regarded as having been met in the examination proceedings and which have not therefore been relied upon in its decision as grounds for refusal of the patent application?
2. If a Board of Appeal does not have such an obligation but has such power, under what circumstances should it use such power?
- Relevant legal provisions
- European Patent Convention Art 110 1973European Patent Convention Art 112(1)(a) 1973
- Keywords
- Referral to Enlarged Board of Appeal (yes)
Examination of appeal - extent - reformatio in peius - Catchword
- -
- Citing cases
- T 0915/93
ORDER
For these reasons it is decided that:
The following points of law shall be referred to the Enlarged Board of Appeal under Article 112(1)(a) EPC:
"1. In an appeal from a decision of an Examining Division in which a violation of one or more specified requirements of the EPC has been relied upon as the ground for refusal of a European patent application, when examining the appeal under Article 110 EPC does the Board of Appeal have either the obligation or the power to examine whether the application meets other requirements of the EPC which the Examining Division regarded as having been met in the examination proceedings and which have not therefore been relied upon in its decision as grounds for refusal of the patent application?
2. If a Board of Appeal does not have such an obligation but has such power, under what circumstances should it use such power?"