T 2144/14 - 13 years examination, only clarity

Key points

• After 13 years of examination, only clarity was decided and the case is remitted for examination of novelty and inventive step. 
• The international filing date is 8 July 2002, request for entry in January 2004, supplementary search results in 2006. Communication in 2007, a response. Next action, summons in 2013.
• "  The decision under appeal considered only Article 84 EPC, clarity and support in the description. "  "[The] examining division has yet to consider, inter alia, novelty (Article 54 EPC) and inventive step (Article 56 EPC), which may require considerable investigative effort." 

EPO T 2144/14 -  link

Reasons for the Decision

4. Remittal

4.1 The decision under appeal considered only Article 84 EPC, clarity and support in the description. In the interests of overall procedural economy, the Board has also considered the issue of added subject matter, Article 123(2) EPC.

4.2 However, other issues have yet to be examined. In particular, the examining division has yet to consider, inter alia, novelty (Article 54 EPC) and inventive step (Article 56 EPC), which may require considerable investigative effort.

In view of this and in order to allow the appellant consideration of the remaining issues before the first instance, the Board considers it appropriate to exercise its discretion under Article 111(1) EPC by remitting the case to the department of first instance for further prosecution on the basis of claims 1 to 13 of the main request.

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.