T 0205/93 of 20.10.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T020593.19931020
- Date of decision
- 20 October 1993
- Case number
- T 0205/93
- Online on
- 22 December 1993
- Petition for review of
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- Application number
- 87307328.2
- IPC class
- G11B 5/588
- 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
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- Abstracts for this decision
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- Application title
- Video signal recording and/or reproducing apparatus
- Applicant name
- Sony Corporation
- Opponent name
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- Board
- 3.5.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973European Patent Convention Art 111(1) 1973
- Keywords
- Inventive step (yes, after amendment)
Remittal to Examining Division for search under Art. 54(3) EPC - Catchword
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- Cited cases
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- Citing cases
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5. The Board notes that the Examining Division has indicated in the application file that the search for the purposes of Article 54(3) EPC has not been carried out. Since the Board cannot carry out this search itself, it makes use of its powers under Article 111(1) EPC to remit the case to the first instance to complete the examination with regard to Article 54(3) EPC and, depending on the outcome of such examination, to take any further action that may be necessary. Having regard to Article 111(2) EPC, it should be mentioned that the Board's findings on the question of inventive step are ratio decidendi for its decision. ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Examining Division with the order to complete the examination with regard to Article 54(3) EPC on the basis of the application documents as they now stand (see paragraph 5 above).