T 1165/97 (Feminine hygiene device/ULTRAFEM INC.) of 15.02.2000
- European Case Law Identifier
- ECLI:EP:BA:2000:T116597.20000215
- Date of decision
- 15 February 2000
- Case number
- T 1165/97
- Petition for review of
- -
- Application number
- 91901923.2
- IPC class
- A61F 13/15
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Feminine Hygiene device
- Applicant name
- Ultrafem, Inc.
- Opponent name
- -
- Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 52(1) 1973European Patent Convention Art 52(4) 1973European Patent Convention Art 57 1973
- Keywords
- Industrial application of a method of collecting and disposing of vaginal discharge (yes)
Amendments -added subject-matter (yes) - Catchword
- A method of placing a vaginal discharge collector, holding it in place in the vaginal canal of a woman, collecting discharge in the collector, retrieving it and disposing of the collector after a single use can be considered susceptible of industrial application if it is imaginable that these steps are carried out as a paid service and are not exclusively dependent for their execution on the instructions of the woman in question. (points 3.1 and 3.2)
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance for further prosecution.