T 0682/22 (Interlocutory revision/ZTE) of 20.07.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T068222.20220720
- Date of decision
- 20 July 2022
- Case number
- T 0682/22
- Petition for review of
- -
- Application number
- 14889608.7
- IPC class
- H04W 48/20H04W 76/02
- 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
- Method and system for controlling access of CSG in dual-connection architecture
- Applicant name
- ZTE Corporation
- Opponent name
- -
- Board
- 3.5.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 109(1)European Patent Convention Art 111(1)European Patent Convention Art 116(1)European Patent Convention Art 54(3)European Patent Convention R 103(1)(a)European Patent Convention R 103(4)(c)Rules of procedure of the Boards of Appeal 2020 Art 011Rules of procedure of the Boards of Appeal 2020 Art 012(8)Rules of procedure of the Boards of Appeal 2020 Art 020(2)
- Keywords
- Decision in written proceedings: cancellation of hearing following appellant's announcement of non-attendance
Novelty under Art. 54(3) EPC
Novelty - sole request (yes)
Interlocutory revision - examining division should have rectified decision (yes)
Substantial procedural violation - (no)
Remittal - (yes): special reasons for remittal
Reimbursement of appeal fee in full (no)
Partial reimbursement of appeal fee at 25% - (yes): timely withdrawal of request for oral proceedings
Inconsistency between Guidelines and Case Law - Catchword
- Different interpretation of Article 109(1) EPC from that provided for in the Guidelines for Examination in the EPO - application of Article
20(2) RPBA 2020 (see point 2.4.3 of the Reasons). - Citing cases
- T 1091/23
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.