16 Jul 2018

T 2058/12 - Appeal refusal without warning

Key points

  • The Board rejects this examination appeal without oral proceedings and without any substantive Communication to the appellant beforehand.


EPO T 2058/12 - link

Summary of Facts and Submissions
I. The appeal is directed against the decision of the Examining Division to refuse European patent application 04 754 312.9.
Reasons for the Decision
Preliminary remark
1. In accordance with Article 12(l)(a) RPBA, the appeal proceedings are based on the notice of appeal and the grounds of appeal.
In accordance with Article 12(3) RPBA, the Board may decide the case in proceedings with only one party at any time after the statement of grounds has been filed, subject to Articles 113 and 116 EPC.
With regard to Article 113 EPC, the present decision does not go beyond the grounds and evidence in the impugned decision and the appellant's statement of grounds. It is settled case law that a board of appeal is not required to provide a party with all foreseeable arguments against a request in advance (see R 1/08, reasons 3.1).
Since no request for oral proceedings under Article 116 EPC has been made by the Appellant, the present decision may be taken without recourse to any preceding communication to the Appellant.
[...]
Order
For these reasons it is decided that:
The appeal is dismissed.

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