T 0837/13 - Admissibility appeal and translated appellant name

EPO T 837/13 

For the decision, click here

Key point

• An inconsistent translation of the name of the Japanese appellant does not render the appeal inadmissible.
• Another point was validity of priority in view of the requirement of " same invention" . The Board finds that although for valid priority, the priority-claiming application should not solve a new problem different and not derivable from the problem posed in the priority document (T647/97), it is not required for the priority-claiming application to address all problems solved by the priority application. 

Reasons for the Decision

1. Admissibility of the appeal

The term "Kabushiki Kaisha" refers to a defined legal company status in Japanese law, and is commonly translated into English as "Company", "Corporation" or "Incorporated". In the notice of opposition, the appellant already used both names synonymously: whereas "Terumo Kabushiki Kaisha" was inserted on Form 2300.1, III, the very first page of the notice indicates "Terumo Corp. ./. EP 1 341 482 OrbusNeich Medical, Inc.". Thus, "Terumo Corporation" was simply used as a translation of "Terumo Kabushiki Kaisha" referring to the same (identical) legal entity, the appellant therefore having been party to the opposition proceedings, having been adversely affected by the decision under appeal and thus being entitled to appeal (Article 107 EPC).

With regard to the incorrect indication of the publication number of the attacked patent in the notice of appeal, it has to be noted that the further identifying data, i.e. the application number, the proprietor's name as well as the decision date are all consistent. In this context the Board notes that the date indicated by the appellant corresponds to the date printed on the decision itself, which is also the date from which the respective time limits are calculated. The alleged inconsistency in the date of the decision - brought forward by the respondent, who was of the opinion that the date of the announced order of the decision at the oral proceedings was decisive - is thus not present. Furthermore, the publication number identifying the patent only deviates in one digit from the correct one. From the consistent, redundant further information in the notice of appeal it is, however, immediately evident which decision was appealed, and the appeal is therefore admissible.

After the jump: the priority issue.