T 0087/02 of 26.09.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T008702.20030926
- Date of decision
- 26 September 2003
- Case number
- T 0087/02
- Online on
- 23 January 2004
- Petition for review of
- -
- Application number
- 91915826.1
- IPC class
- A61M 37/00
- 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
- Flexible multiple compartment drug container
- Applicant name
- B. BRAUN MEDICAL INC.
- Opponent name
- Fresenius Kabi Deutschland GmbH
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- 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 first instance with the order to maintain the patent in amended form on the basis of the following documents:
- Claims 1 to 16 as submitted during the oral proceedings;
- description as granted with the proviso that on page 3, line 10, the expression: "claim 14" is replaced by: "claim 13";
- figures as granted.