T 0142/00 of 09.05.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T014200.20030509
- Date of decision
- 9 May 2003
- Case number
- T 0142/00
- Petition for review of
- -
- Application number
- 91302941.9
- IPC class
- A61N 1/36
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Apparatus and method for antitachycardia pacing in arrhythmia control systems
- Applicant name
- Pacesetter, Inc.
- Opponent name
- Biotronik Mess- und Therapiegeräte GmbH & Co Ingenieurbüro
Berlin - Board
- 3.4.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973
- Keywords
- Lack of clarity and support (yes - main request)
Extension of protection (yes - first auxiliary request)
Lack of clarity (yes - second auxiliary request)
Extension of protection (yes - third auxiliary request)
Added subject-matter (no - fourth auxiliary request)
Novelty and inventive step (yes - fourth auxiliary request) - Catchword
- -
- 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 on the basis of the following documents:
Claims:
claim 1 according to the second auxiliary request filed by letter dated 9 April 2003 with the insertion of the word "numerically" before "closest" according to the fourth auxiliary request filed by letter dated 9 April 2003;
claims 2 to 9 of the patent as maintained by the first instance;
Description:
description of the patent as maintained by the first instance with the deletion of the words "It is also preferable that" in line 24 of column 4;
Drawings:
Drawings of the patent as maintained by the first instance.