T 1265/15 - Remitting the case (examination appeal)

Key points

• The Board remits this case, finding that there is a ‘special reason’ within the meaning of Article 11 RPBA 2020 in this examination appeal.
• The application was refused by the Examining Division as being not novel over D1. The Board comes to a different interpretation of D1, finding the main request therefore to be novel over D1.
• "The board judges it appropriate to remit the case to the examining division for further prosecution, so that it has the opportunity to reassess the invention in view of the other prior art on file. "
  
• (repost with correct formatting)
• 05.05.2020 - corrected that the Board decided to remit the case.

EPO T 1265/15 - link


6. Remittal, Article 111(1) EPC 1973

6.1 As set out above, the subject-matter of claim 1 of the main request is novel in view of the disclosure of D1, thus overcoming the reasons for refusal given in the decision. The board also finds that claim 1 involves an inventive step in view of D1.

6.2 As the board bases these findings on a different interpretation of D1 to that in the decision, the board judges it appropriate to remit the case to the examining division for further prosecution, so that it has the opportunity to reassess the invention in view of the other prior art on file. These circumstances constitute special reasons within the meaning of Article 11 RPBA 2020.

Order

For these reasons it is decided that:

The decision is set aside.

The case is remitted to the department of first instance for further prosecution.