T 2194/19 (Error correction/TERAYON) of 24.10.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T219419.20221024
- Date of decision
- 24 October 2022
- Case number
- T 2194/19
- Online on
- 3 November 2022
- Petition for review of
- -
- Application number
- 04720810.3
- IPC class
- H03M 13/00
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Error-correcting code interleaver
- Applicant name
- Terayon Communication Systems, Inc.
- Opponent name
- -
- Board
- 3.5.03
- Headnote
- -
- Relevant legal provisions
- EPC2000_Art_084_(2007)_Sent_2European Patent Convention Art 111(1)European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal 2020 Art 011
- Keywords
- Added subject-matter - (no, after amendment)
Support by the description - (yes, after amendment)
Adaptation of the description: objection of examining division not justified
Remittal - special reasons (yes): novelty and inventive step not decided yet - Catchword
- The requirement that the claims are to be supported by the description under Article 84, second sentence, EPC does not necessarily mean that all the "embodiments" of the description of a patent application have to be covered by the (independent) claims, i.e. that all the embodiments must fall within the scope of those claims (see point 6.2.2 of the Reasons).
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 for further prosecution.