T 2240/17 (Patching system/COMMSCOPE) of 9.3.2020

European Case Law Identifier: ECLI:EP:BA:2020:T224017.20200309
Date of decision: 09 March 2020
Case number: T 2240/17
Application number: 05853191.4
IPC class: H04Q 1/14
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 243 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Telecommunications patching system that utilizes RFID tags to detect and identify patch cord interconnections
Opponent name: TKM Telekommunikation und Elektronik GmbH
Board: 3.5.03
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1)
European Patent Convention R 100(1)
Keywords: Lapse of patent in all designated states - termination of appeal proceedings


Cited decisions:
T 0329/88
T 0949/09
T 0480/13
Citing decisions:

Summary of Facts and Submissions

I. The appeal of the opponent (appellant) lies

from the decision of the opposition division rejecting the opposition filed against the present European patent.

II. By a communication pursuant to Rule 84(1) EPC dated

17 December 2019, the board informed the parties that

the European patent had lapsed in all the designated

Contracting States and that, pursuant to Rule 84(1) EPC, the appeal proceedings would be discontinued, unless a request for continuation was filed by the

appellant/opponent within two months from notification of the board's communication.

III. No request for continuation of the appeal proceedings was received from the appellant.

Reasons for the Decision

1. Pursuant to Rule 84(1) EPC in conjunction with

Rule 100(1) EPC, appeal proceedings may be continued

after the European patent has lapsed, if the opponent

files a request to this effect within two months of a

communication informing it of the lapse (see, inter

alia, decisions T 329/88 of 22 June 1993; T 949/09 of

17 October 2012 and T 480/13 of 5 November 2014).

2. Since no request for continuation of the appeal

proceedings was received from the appellant/opponent, and since the state of the file gives no grounds for the proceedings to be continued by the European Patent Office of its own motion, the board decides to terminate the appeal proceedings.


For these reasons it is decided that:

The appeal proceedings are terminated.

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