T 3071/19 (Searching data/BLACKBERRY) of 26.10.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T307119.20211026
- Date of decision
- 26 October 2021
- Case number
- T 3071/19
- Petition for review of
- -
- Application number
- 11741807.9
- IPC class
- G06F 17/30
- 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
- -
- Abstracts for this decision
- -
- Application title
- Devices and method for searching data on data sources associated with a category
- Applicant name
- BlackBerry Limited
- Opponent name
- -
- Board
- 3.5.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 128European Patent Convention R 103(1)(a)European Patent Convention R 111(2)
- Keywords
- Appealed decision - sufficiently reasoned (no)
Remittal to the department of first instance
Remittal - fundamental deficiency in first instance proceedings (yes) - Catchword
- A decision open to appeal is not reasoned within the meaning of Rule
111(2) EPC if it does not enable the board of appeal to review its correctness. A decision should therefore not rely on evidence accessible only at a web page which is not guaranteed to remain accessible and unchanged. Rather, it should be ensured that a person inspecting the file can reliably access the cited evidence.
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance for further prosecution.
3. The appeal fee is to be reimbursed.