T 2270/08 of 14.09.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:T227008.20110914
- Date of decision
- 14 September 2011
- Case number
- T 2270/08
- Online on
- 29 November 2011
- Petition for review of
- -
- Application number
- 03253439.8
- IPC class
- A61B 5/15
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Test strip container system
- Applicant name
- LifeScan, Inc.
- Opponent name
- Roche Diagnostics GmbH
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 84European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 54European Patent Convention Art 56
- Keywords
- Clarity (yes, after amendments)
Added subject-matter (no, after amendments)
Extension of the protection (no, after amendments)
Novelty and inventive step (yes, after amendments) - Catchword
- -
- Cited cases
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance with the order to maintain the patent in the following version:
a) For the Contracting States GB, FR, DE, IT:
- claims 1-10 as filed for these Contracting States during the oral proceedings before the Board on 14 September 2011
- Description:
pages 2, 4-8, 10, 11 as in the patent specification
page 9 filed during the oral proceedings before the Opposition Division on 13 October 2008
pages 3, 3a as filed during oral proceedings before the Board on 14 September 2011
- drawings as in the patent specification
b) for the remaining Contracting States:
- claims 1-10 as filed for these Contracting States during the oral proceedings before the Board on 14 September 2011
- description:
pages 2, 4-8, 10, 11 as in the patent specification
page 9 filed during the oral proceedings before the Opposition Division on 13 October 2008
pages 3, 3a as filed during oral proceedings before the Board on 14 September 2011
- drawings as in the patent specification.