T 1981/12 () of 24.9.2013

European Case Law Identifier: ECLI:EP:BA:2013:T198112.20130924
Date of decision: 24 September 2013
Case number: T 1981/12
Application number: 05856008.7
IPC class: F25B 41/00
F25B 49/00
F25B 41/06
Language of proceedings: EN
Distribution: B
Download and more information:
Decision text in EN (PDF, 236 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: High side pressure regulation for transcritical vapor compression
Applicant name: Carrier Commercial Refrigeration, Inc.
Opponent name: -
Board: 3.2.03
Headnote: -
Relevant legal provisions:
European Patent Convention Art 33(1)(b)
European Patent Convention Art 82
European Patent Convention Art 106(1)
European Patent Convention Art 153(6)
European Patent Convention Art 153(7)
European Patent Convention R 64(1)
European Patent Convention R 137(5)
European Patent Convention R 164(1)
European Patent Convention R 164(2)
European Patent Convention 1973 Art 177
European Patent Convention 1973 R 46(1)
European Patent Convention 1973 R 86(4)
European Patent Convention 1973 R 112
Keywords: Subject matter searched in international phase to be considered as searched in European phase (no)
Additional search (no)
Remittal (yes)
Reimbursement of appeal fee (no)

1. Claims whose subject matter has not been covered by a search report drawn up by the EPO will not be examined by the EPO for novelty or inventive step (Points 5.3, 5.4)

2. Where subject matter is covered by a search report drawn up by an ISA other than the EPO in the international phase but is not covered by the supplementary search report drawn up by the EPO in the European phase in the application of Rule 164(1) EPC, the subject matter is not to be regarded as covered by a search report for the purposes of Rule 164(2) EPC (Points 6,7 and 8).

3. Where on entering the European phase the application documents are considered by the EPO not to meet the requirements of unity, with the result that a supplementary European search report is drawn up on only those parts of the application which relate to the invention first mentioned in the claims (Rule 164(1) EPC), the applicant is not entitled to have a further search report drawn up to cover the other invention or inventions (Point 9).

Cited decisions:
G 0002/92
J 0003/09
T 0442/95
T 0631/97
T 0708/00
T 0274/03
T 0915/03
T 0141/04
T 1242/04
T 0264/09
T 1285/11
T 2495/11
Citing decisions:
T 2459/12
T 2473/12
T 0145/13

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EPC Articles

EPC Implementing Rules

Offical Journal of the EPO

Case Law Book: II Conditions to be met by an Application

Case Law Book: IV Divisional Applications

Case Law of the Enlarged Board

General Case Law