European Patent Office

T 0565/13 of 10.05.2016

European Case Law Identifier
ECLI:EP:BA:2016:T056513.20160510
Date of decision
10 May 2016
Case number
T 0565/13
Petition for review of
-
Application number
06784588.3
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
REINFORCED COLLAGEN SCAFFOLD
Applicant name
ETHICON, INC.
Opponent name
Covidien
Board
3.3.10
Headnote
-
Keywords
Grounds for opposition - lack of novelty (yes)
Grounds for opposition - fresh ground for opposition (not admitted)
Novelty - (no)
Novelty - auxiliary request 1
Auxiliary request 2 - added subject-matter (no), novelty (yes), inventive step (yes)
Catchword
-
Cited cases
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Citing cases
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Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the opposition division with the order to maintain the patent on the basis of the second auxiliary request, filed as auxiliary request 5 with letter dated 30 September 2013, and a description to be adapted thereto.