T 0933/92 (Sensor) of 6.12.1993 | XEPC: EPC and PCT resource

European Case Law Identifier:

ECLI:EP:BA:1993:T093392.19931206

Date of decision:

06 December 1993

Case number:

T 0933/92

Decision of the Enlarged Board of Appeal:

G 0010/93

Application number:

89904000.0

IPC class:

G01P 41/00

Language of proceedings:

Distribution:

Download and more information:

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Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in:	DE \| EN \| FR
Versions:	OJ

Title of application:

Applicant name:

Siemens

Opponent name:

Board:

3.4.01

Headnote:

The following points of law shall be referred to the Enlarged Board of Appeal under Article 112(1)(a) EPC:
1. In an appeal from a decision of an Examining Division in which a violation of one or more specified requirements of the EPC has been relied upon as the ground for refusal of a European patent application, when examining the appeal under Article 110 EPC does the Board of Appeal have either the obligation or the power to examine whether the application meets other requirements of the EPC which the Examining Division regarded as having been met in the examination proceedings and which have not therefore been relied upon in its decision as grounds for refusal of the patent application?
2. If a Board of Appeal does not have such an obligation but has such power, under what circumstances should it use such power?

Relevant legal provisions:

European Patent Convention 1973 Art 110
European Patent Convention 1973 Art 112(1)(a)

Keywords:

Referral to Enlarged Board of Appeal (yes)
Examination of appeal - extent - reformatio in peius

Catchwords:

Cited decisions: