T 0488/94 (Main and auxiliary requests/MITA) of 02.07.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:T048894.19970702
- Date of decision
- 2 July 1997
- Case number
- T 0488/94
- Petition for review of
- -
- Application number
- 90109811.1
- IPC class
- G03G 15/16
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Image forming apparatus
- Applicant name
- MITA INDUSTRIAL CO., LTD.
- Opponent name
- -
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention R 67 1973
- Keywords
- Inventive step - (yes) after amendment
Basis of decisions - opportunity to comment (no)
Reimbursement of the appeal fee (yes) - Catchword
- Before refusing an application in the case of main and auxiliary requests, the Examining Division in accordance with Article 113(1) EPC will not only have to communicate its arguments regarding non-allowability of the main request to the applicant, but also regarding non-allowability of the auxiliary request if the result of the subsequent examination of the auxiliary request is also negative. A "direct" rejection of an auxiliary request without preceding communication of the grounds on which the rejection of an auxiliary request without preceding communication of the grounds on which the rejection is based would only comply with the requirements of Article 113(1) EPC under rather exceptional circumstances (see reasons 3. to 3.6).
- Cited cases
- T 0169/96
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside; the case is remitted to the Examining Division with the order to grant a patent on the basis of amended claims 1 to 13 as filed at the oral proceedings, with description and drawings to be adapted.
2. The appeal fee shall be reimbursed.